LETTER TO BUDDHIST LEADER LAMA LOBZANG

17 Apr
LAMA LOBZANG THE HIGHEST BUDDHIST LEADER IN INDIA

LAMA LOBZANG THE HIGHEST BUDDHIST LEADER IN INDIA

from: Arup Bramhachari arupteresa@gmail.com
to: daijokyotemple_bg , secretariat@internationalbuddhistconfederation.com,
Asoka Mission info@asokamission.in
date: Tue, Apr 15, 2014 at 1:32 PM
subject: Where are the Buddhists ?
mailed-by: gmail.com

To                                                                    Date – 15-04-2014

Ven.Lama Lobzang

The Vice President of International Buddhist Confederation

Post Box No. 10831, Mehrauli, New Delhi – 110030

E-Mail – secretariat@internationalbuddhistconfederation.cominfo@asokamission.in

 

Mr. Kiran Lama

Secretary of International Buddhist Council of Bodhgaya

Daijokyo Buddhist Temple, Bodhgaya, Gaya, Bihar – 824231

E-Mail – daijokyotemple_bg@yahoo.co.in

 

Subject – Where are the Buddhists ?

Dear Ven. Lama Lobzang Ji, 

With due respect I would like to ask you that where are the Buddhist ? I am Arup Bramhachari locally known as Swami Ji whom you know by name but never met face to face. My questions are directly to you because you are leading the highest Buddhist Sangha in India and I have no intension what so ever to hurt you or any one by any ways and means through my questions.

Dear Lama Ji, ( 1 ) Are you a really Buddhist ? Because a true Buddhist never be a Politicians and without fear a true Buddhist speak the “ Truth ”. At your last visit with International team to Bodhgaya after Bomb Blast you told lies to Buddhist World about the situation of Bodhgaya only to please the cruel administration of Bihar. This is the evidence that you are a Politician with monks robe as our Hindu monks are doing in India now a day. So dear Lama Ji now you tell me what you did when Bodhi Tree was cut off and what you will do after knowing that Ashoka Time Spire of Holy Mahabodhi Temple has been changed by the Royal Thai Family ?

Dear Lama Ji, ( 2 ) Why you and your Organization was silent when Bodhi Tree was cut off ? A true Buddhist can’t keep quite when someone chops HIS Father’s hand. It is the silence of the Buddhist and cruel Politics of Anada Bhante & his party regarding the Bodhi Tree Cut Off issue which hurts me a lot. When you all sleeps then I was awaken myself and brought the culprits infront of the world at 2007 and file a case at Gaya Trial court case no. 850 / 2007. Why your organization, International Buddhist Council of Bodhgaya and Anand Bhante & his party keeps quite when I brought the culprits infront of the world ? Please tell me when a person can’t stand for his father then how he is Buddhist ?

Dear Lama Ji, ( 3 )  At 2007 Arup Bramhachari filed case no. 850 / 2007 at CJM Court with evidence and Forest Research Institute, Dheradun proved by their report dated 28th June 2007 that Bodhi Tree in real manner was cut off at 2006. So even after that why you were silent ? At least you all can shout for speedy trial. Who proved it a Hindu or a Buddhist ? Why 350 millions Buddhist of the world were sleeping after knowing that the culprits chop the branches of the holy tree ? The sad fact is Sri Lankan President told lie along with India PM to the world. If someone rape your daughter then will you be keep quite in the same manner as you are now ? Are you the Buddhist not double standard ? So in which manner you are Buddhist when you can not stand for your own Father Lord Buddha ?

Dear Lama Ji, ( 4 )  At 2006 in the month of July the Holy Bodhi Tree cut off issue flash in the media and 22 July, 2006 Principal Home Secretary of Bihar Afzal Amanullah accompanied with expert A. K. Singh from Patna Krisi Viswavidhalay to collect samples from Holy Bodhi Tree cut off portion for Lab Test. So where is that 1st test report ? Why Buddhist Organizations and individual Buddhist from India & abroad were sitting quite and not even asking Bihar government about the 1st Scientist Report to know the truth ?  What is the standard of Love of Buddhist organizations for Lord Buddha ? How they are claiming that they are lover of Buddha when no one stand for Lord Buddha and no one is taking interest to know what was happened with 2006 scientist report ? Why 100 Buddhist Temple of Bodhgaya always hide from my questions if they are honest ? Even your Kiran Lama the Secretary of International Buddhist Council was hiding under table !!! God knows when he will have time from his herbal body massage to think about burning issues of Mahabodhi Temple ?

Dear Lama Ji, ( 5 ) The Mahabodhi temple monitory corruption is not unknown to you so being a Monk how you were/are silent till today ?  Bhante Anand, Bhante Pragnasheel & Bhante Suresh Sasai lead the Mahabodhi Temple Free Movement in India and this group ruled 6 years the Mahabodhi Temple Management. So what they did for the Buddhist and for poor Buddhist of India ? Bhante Suresh Sasai and Mr. N. Dorjee is/was long time member of Mahabodhi Temple Management so why they did not submitted resignation from the committee when Mr. Kalicharan Singh Yadav was doing corruption at Mahabodhi Temple ? How many protest rally organized by the Nagpur Buddhist brothers & sisters against the Mahabodhi Temple corruption ? How many protest rally organized by International Buddhist Council of Bodhgaya ? How many protest rally lead by the International Buddhist Confederation of India ?. How many letters Buddhist organizations all over the world wrote to Mahabodhi Temple Management as well as Government of Bihar & India regarding the corruption? If Bhante Anand have any evidence about anything then why he did not go to court ?

Dear Lama Ji, ( 6 ) Do you have guts to catch Bhante Pragnasheel from Nagpur Where is the 80 Lakhs rupees which Japanese devotees gave to build a hospital at Bodhgaya ( Bimal Sara Bhante brought this group and he is not dead ) ? How much real money collected at Kalchakra Puja when Bhnate Pragnasheel was secretary of Mahabodhi Temple Management when more than 5 lakhs people took part ? Why not Bhante Suresh Sasai Ji file the case at Supreme Court to abolish 1949 act when his men Bhante Pragnasheel was secretary ? Why Bhante Suresh Sasai Ji and his party did not file corruption case in the court when they knows all corruption of Mahabodhi Temple Management ? Now N. Dorje is a Buddhist and Secretary of Mahabodhi Temple. He cross all limits of corruption with Mahabodhi Temple money ( look at the audit report copy from my Web Site www.swamiji1.wordpress.com ). So please tell me why the Buddhist of India is silent now ? When Hindu secretary is doing corruption then you are all shouting and now your Buddhist secretary is involved in corruption so you are all quite !!!!!! Are you all not double standard ?  

Dear Lama Ji, ( 7 ) Why the Buddhist leaders from all over the world are quite when Ancient Spire ( canopy ) of Mahabodhi Temple changed by the Light of BuddhaDhamma Foundation International ( Dixey Family ) Sept. 2010 ? And again at November 2013 the Ashoka Time Spire completely changed by the Royal Thai Family & Thai devotees ? So what kind of Buddhist you are all ? It is a cultural invasion by the Thai’s and the Buddhist of India is silent !!! What kind of Indian you are all ? No respect for your culture ? And for your silence again Arup Bramhachari stood for Lord Budhha and sent legal Notice to all !!! It is not the Hindu again who stand for Lord Buddha ? The Bodhgaya Buddhist and Nagpur Buddhist will never talk about it because the Thai’s are pouring money like water to these poor Buddhist Organizations. So they are layman infront of money power. So tell me when you can’t stand for Buddha then why the temple management must be given to the hand of those who cannot stand to protect his own father’s property ?

Dear Lama Ji, ( 8 ) What you are going to do with the 100 ( Big & Small ) Bodhgaya Buddhist Temples those who are cheating every ways and means to devotees and government ? They took hotel charge from their rooms and showing it in bill that it is  donation to them !!! Did you see Hindu Dharmasala or Islamic Dharmasala charges like Hotels ? People stay there and give“Dana” whatever they like and gladly accepted by the management but what the Buddhist are doing here in Bodhgaya ? A monk must live with whatever the society offers to them but in Bodhgaya it is totally opposite so how they are calling themselves Monks ? When all the Foreign Temples of Bodhgaya will stop telling “ Indians are not allowed ” ( residential area ) but no matter to them to have sexual enjoyment with the local poor girls with wine !!!? They don’t have problem to enjoy the local kids by playing with the sexual part. They have no problem to go to pros quarter at Gaya Town. They have no problem to call the call girls at Hotel/Guest House room in Bodhgaya. Are the Girl’s not Indians ? If anyone is honest then please accept my written challenge I will show the horrible story. When your Foreign Temples will stop violation of Indian law ? Why there is so many FIR against Temples of Bodhgaya at Bodhgaya Police Station ? Can these temple do the same at western countries ? So tell me how you are calling yourself Buddhist when you can’t stand for your father even after above incident ?

Dear Lama Ji, ( 9 ) When Bodhgaya Municipality Or Electricity Board hick the price Or Tibet issue come to them then from where they have power to go against government ? At that time where the fear of government action goes from them ? Minimum 20,000 Buddhist come to Bodhgaya at the time of yearly Pujas. Out of them minimum 3000 – 5000 western Buddhist stay at Bodhgaya those who carried out different projects of different masters. They collected millions of dollars from Bodhgaya in-between Oct. to Feb. Where are they rest of the year ? But the question is where the money goes ? What the masters did for Bodhgaya ? From where these lamas, westerns got power to protest against China regarding Tibet ? And how they defuse into Zero when Mahabodhi Temple corruption come to them ? What the Bhantes are doing in Bodhgaya ? Buddha said Monks should not go to any crowded place !!! So ?    

Dear Lama Ji, ( 10 ) Here is some more facts in short form – 6 million rupees Goal Ghar Market Complex ( Presently demolished by the government after the Mahabodhi temple bomb blast ) toilet corruption did by the Temple Committee Member Arbind Singh, Holy Bodhi Tree is sick and Forest Research Institute of Dehradun just saving the temple management by telling lies, 1.4 million rupees melted in the donation box by water licking, Huge foreign money not cashing since long time, 6 to 8 million rupees spent for members entertainment, 2.3 million rupees well equipped ambulance is standing in the office area without using it for public and the originality of the temple had gone in the name of beautification. When 100 Buddhist Temple is there then why still all these temples never opened their door for poor Indian Buddhist at the Time of Buddhos Purnima so that Mothers and Sisters do not force to do their morning activities in the open air and sleep whole day and night in the open air ? Can they the same with their own mother & sister ? And recently fake Bomb blast took place at Mahabodhi Temple so that they can meet the demand of World Heritage Site. I caught the government so badly that they are hiding under table so that they can avoid embarrassment. Why your Buddhist are silent about this fake Bomb Blast issue ?      

This is my humble plea to you that I have no intension to hurt anyone. I am just asking questions to you all and to think in deep manner to find out the answer and if I am wrong any where then please correct me.

Thanking you all, Namo Buddha

 

Arup Bramhachari ( Swami Ji )

Root Institute Road, Bodhgaya, Gaya, Bihar – 824231

Contact No. 91- 8083339782

E-Mail – arupteresa@gmail.com,

Web Page – www.swamiji1.wordpress.com

Facebook – Arup Bramhachari

I RECEIVED ONLY 3 REPLY WHICH IS AT BELOW

from: Dhamma Rakkhita
to: Arup Bramhachari
date: Tue, Apr 8, 2014 at 12:06 PM
subject: Re: How Mahabodhi Temple Spire changed by the Thai Royal Family ?
mailed-by: gmail.com
signed-by: gmail.com

Oh my Buddha, i’m so sad, why it change in this style? it really lost the tradition of our great King Dharmasoka’s memory. If they polished after melting all that gold on the top of the pagoda then continued remained its along the style of Emperor Asoka. Actually what should I say I really don’t know. If the authority did not give the permission then how to possible to change it own style by any person.

from: Rudy Harderwijk
to: Arup Bramhachari
date: Fri, Apr 11, 2014 at 9:02 PM
subject: Re: Fwd: How Mahabodhi Temple Spire changed by the Thai Royal Family ?
mailed-by: gmail.com
signed-by: gmail.com

Dear Arup,
Not sure why you are making such a fuss.
The top of the current temple was re-built by the British little over a century ago. Before that, it was (re) built by the Burmese twice after the Indians did not lift a finger to maintain or restore it for centuries – so which culture is hijacked exactly?
Nobody apart from the Buddha knows in detail how it looked originally. So the King of Thailand made offerings to it, great! At least the temple is well maintained these days. If the Buddha would have any opinion about it, I’m sure he would be happy with it.

Love & clear light,
Rudy

from: ronvoigt
reply-to: ronvoigt
to: Arup Bramhachari
date: Sat, Apr 19, 2014 at 6:00 PM
subject: AW: Fwd: Where are the Buddhists ?
mailed-by: gmx.de

Hi bro,
That sounds realy said…man whats going on there? And did you rebuild your house and your health? I give you so much respect for your fighting it must be hard one against the so called awaken ones… we gonna paint next in brazil against human right violations and then in agypt also…. maybe one day we come back to india amd then we meet again for sure…

All the best friend
Ron

WORLD HERITAGE COMMITTEE DECISIONS ABOUT MAHABODHI TEMPLE

25 Mar

 

 

Image

READ THE DECISIONS OF THE WORLD HERITAGE COMMITTEE AND FIND OUT BY YOUR SELF WHO IS DOING WHAT FOR MAHABODHI TEMPLE AND DISRESPECTED BUDDHA

REPORT 2003 TO 2013

http://whc.unesco.org/en/list/1056/documents/

Current conservation issues

At the time of inscription of this property on the World Heritage List, the World Heritage Committee noted with concern the information from ICOMOS regarding intense pressure from tourism development and pilgrimage activities on-site. The Committee recommended that the Indian authorities develop a comprehensive management plan to ensure the conservation of the heritage values of the property, including provisions for regular monitoring and adequate mechanisms to control the impact of tourism and pilgrimage activities within and surrounding the property.

Since inscription on the World Heritage List, the Centre has received information from local NGOs and religious groups concerning vandalism and theft on site. Moreover, the Centre has been informed of a number of court cases that reflect some conflictual relationships between the religious groups using the property and occasionally the local communities, which reportedly resulted in fires and riots.

Reportedly, some groups have proposed that the management of the property be placed into the hands of Buddhist religious groups instead of the current local government authority. 

27COM7B.46

The World Heritage Committee,

  1. Having examined the state of conservation of the property for the first time since its inscription on the World Heritage List in 2002,;
  2. Recalling the concern at the time of inscription regarding the tourism and pilgrimage pressures facing the property,;
  3. While noting that the absence of a functioning comprehensive management plan has persisted in spite of the Committee’s recommendation at the time of inscription of the property for the development of such plan (26 COM 23.16), expresses its appreciation to the State Party for commencing the elaboration of such a plan,;
  4. Expresses concern over the continuing tensions and occasional conflicts between local stakeholders, in particular the religious groups who wish to use this important religiousWorld Heritage property;
  5. Recognizing the associated heritage significance of the surrounding areas of the Mahabodhi Temple which are intrinsically linked to the enlightenment of Buddha, but which are not within the core nor the buffer zone of the existing World Heritage property,;
  6. Invites the State Party to enlarge the World Heritage protected area to ensure that the protective core and buffer zones are meaningful and effective for the conservation of the values of the property;
  7. Requests the State Party to complete the elaboration of a comprehensive management plan which adequately integrates:

(a) Local community and stakeholders’ dialogue and co-operation,

(b) Protection, conservation and preservation of the heritage value and assets of this sacred property,

(c) Control of development activities within and surrounding the property related to tourism and pilgrimage activities;

  1. Requests the State Party to submit to the World Heritage Centre by 1 February 2004 the completed comprehensive management plan in order that the World Heritage Committee can examine the state of conservation of the property at its 28th session in 2004.

http://whc.unesco.org/en/decisions/629

Committee Decisions

27 COM 7B.46

Mahabodhi Temple Complex at Bodh Gaya (India)

The World Heritage Committee,

  1.  Having examined the state of conservation of the property for the first time since its inscription on the World Heritage List in 2002,;
  2.  Recalling the concern at the time of inscription regarding the tourism and pilgrimage pressures facing the property,;
  3.  While noting that the absence of a functioning comprehensive management plan has persisted in spite of the Committee’s recommendation at the time of inscription of the property for the development of such plan (26 COM 23.16), expresses its appreciation to the State Party for commencing the elaboration of such a plan,;
  4.  Expresses concern over the continuing tensions and occasional conflicts between local stakeholders, in particular the religious groups who wish to use this important religiousWorld Heritage property;
  5.  Recognizing the associated heritage significance of the surrounding areas of the Mahabodhi Temple which are intrinsically linked to the enlightenment of Buddha, but which are not within the core nor the buffer zone of the existing World Heritage property,;
  6.  Invites the State Party to enlarge the World Heritage protected area to ensure that the protective core and buffer zones are meaningful and effective for the conservation of the values of the property;
  7.  Requests the State Party to complete the elaboration of a comprehensive management plan which adequately integrates:

(a) Local community and stakeholders’ dialogue and co-operation,

(b) Protection, conservation and preservation of the heritage value and assets of this sacred property,

(c) Control of development activities within and surrounding the property related to tourism and pilgrimage activities;

  1.  Requests the State Party to submit to the World Heritage Centre by 1 February 2004 the completed comprehensive management plan in order that the World Heritage Committee can examine the state of conservation of the property at its 28th session in 2004.

 

REPORT 2004 … http://whc.unesco.org/en/soc/1450

State of Conservation (SOC)

Mahabodhi Temple Complex at Bodh Gaya

Current conservation issues

As requested by the World Heritage Committee at its 27th session in 2003, a management document was submitted to the Secretariat on 2 February 2004. As well as covering the local stakeholders’ dialogues and co-operation, it raises issues concerning the protection of the significant sacred values of this property, and addresses developmentpressures within and surrounding the property due to tourism and pilgrimage-related activities, including vandalism and theft.

ICCROM and ICOMOS have submitted a joint report, which commends the State Party for the useful information gathered together in the preparation of the report and for the innovative approach embodied in efforts to balance development and conservation. It draws attention, however, to a number of points which must be addressed to ensure complete, long term protection of the World Heritage values of the property. Some of the key technical, conceptual and managerial issues are highlighted below:

(a)     Technical issues:

(i)       The inscribed World Heritage property is the Mahabodhi Temple complex. Whilst the attention to Bodhgaya, given its critical role in providing the setting for Mahabodhi, is important, the management document must address head-on the problems of looking after Mahabodhi and treat Bodhgaya in that context.

(ii)     The management document is not significance driven. The statement of significance, is actually a descriptive summary of the inscription criteria recognised by the Committee and consequently an understanding of significance is not used to root or ground decisions concerning the property.

(iii)    The management document does not build on the nomination dossier submitted by the State Party. The core area and buffer zone defined for the Bodhgaya territory differ substantially from the zones originally defined in the nomination dossier submitted by the State Party for inscription of the property on the World Heritage List. Expansion of the core zone and the changes proposed to strengthen the buffer zone must be clearly indicated and brought to the attention of the Committee for approval.

(b)     Conceptual issues:

Bodhgaya as a centre of pilgrimage: The vision statement emphasises the need to make Bodhgaya a city preaching the doctrine of Buddhism, but the deeply rooted significance of the property as a place of pilgrimage has been overlooked. The nomination dossier, where this particular value should have been recognised only refers to tangible remains.  Pilgrimage removes many barriers and reflects harmony among different religious groups and the fact that Buddha himself advocated pilgrimages to the Bodhgaya has been influential in the survival of the property to the present day.  Paradoxically, in the body of the report, pilgrims are considered as important stakeholders with acknowledged needs.

(c)     Managerial issues:

(i)       Focus on Mahabodhi:  The report reads as if it were a planning document prepared primarily for the long-term treatment and development of Bodhgaya as a centre for Buddhist worship, paying occasional attention to Mahabodhi as a side issue within a larger project. It is the Mahabodhi Temple Complex itself, and not Bodhgaya, which should have a primary place in the management plan.

(ii)    Treatment of Bodhgaya:  If the State Party wishes to extend the Mahabodhi property to include Bodhgaya, then this management document should propose a strategy to protect the specific heritage values of Bodhgaya to bring to the attention of the Committee.

(iii)    Going beyond intentions:  The report is essentially a statement of good intentions.  If these are not grounded in a permanent legal framework and supported by a related management structure identifying the necessary resources for sustainable management, an adequate commitment to the protection of the property cannot be ensured. 

(iv)   Role of the Archaeological Survey of India (ASI):  Currently the ASI does not have any legal control over decisions affecting the World Heritage property so it would be useful to establish legislation to designate the Mahabodhi Temple Complex a protected monument.  The ASI should also provide the national outlook for the overall conservation programme working as shared partners in conservation with the other institutions concerned and the civil society.

(v)     Treatment of the buffer zone:  There are some contradictions evident in the management documen, which need to be resolved. For example, the document prohibits insensitive development, whilst accepting the recent introduction of many structures.

(vi)   Emphasis on process: The management plan should clarify the long-term process to be used when making decisions about the property thus ensuring the survival of the recognized heritage values.

(vii)  Research Strategy: Although there is a reference to excavation and conservation, no attempt has been made to develop an overall research strategy. This is a property in which an important event took place in the 6th century BC and evolved over 2500 years. There is a need to expand knowledge of this property. Furthermore, a comprehensive research strategy should be included as an essential part of the management.

(viii)      Management Structure: Empowering and restructuring individual institutions is a positive approach but it is essential for an organisation with a powerful leadership to be created, in order to co-ordinate line agencies and capture the aspirations of civil society for the site management.

(ix)    Monitoring: Although there are some aspects of monitoring mentioned under maintenance, it is important to develop a chapter on monitoring. This will help for reporting purposes as required by the World Heritage Committee’s Periodic Reporting process. 

In conclusion, ICOMOS and ICCROM strongly recommend that the plan be subject to peer review by Indian conservation professionals and to the comments made above in this report and revised accordingly before final adoption for implementation. We would also draw the attention of the State Party to the need to demonstrate that a realistic and practical implementation strategy will actually be implemented with appropriate legal, financial and institutional support and within a management framework adequate to protect the heritage values of the property.

The Secretariat has been informed of several court cases reflecting some conflicting relationships between religious groups and local communities. In order to limit the impact of intense tourism and pilgrimage-related activities, regular monitoring and adequate conservation mechanisms need to be put in place. All such measures should be worked out with the Mahabodhi Temple Trust, in close co-operation with the State Government of Bihar, who deal with tourism and infrastructure, and with the wider involvement of the Central Government (Archaeological Survey of India) with its national outlook and technical expertise in heritage conservation.

At the Dedication Ceremony (dedicating the Mahabodhi Temple to all the Buddhists in the world) on 19 February 2004, the Minister of Culture and Tourism of the Government of India pledged Central Government support for infrastructure improvements in and around Bodhgaya (i.e. opening the airport to international flights) and for the creation of a meditation park for pilgrims to meditate in a calm environment.

Decision
28COM15B.57

The World Heritage Committee, 1. Recalling the concern at the time of inscription regarding the tourism and pilgrimage pressures facing the property, 2. Congratulates the State Party for initiating efforts to elaborate a comprehensive document relevant to the long-term conservation and management of the property; 3. Requests the State Party to pursue its efforts towards the finalisation of the current management plan for peer review by the Indian conservation professionals and taking into account the suggestions made by the Advisory Bodies in the joint ICCROM-ICOMOS paper, in particular focussing on: a) integrating a heritage values-sensitive approach to management, b) basing the document on protection of the inscribed Mahabodhi World heritage property, c) developing a realistic implementation strategy, d) including a peer review process within development of the plan; 4. Encourages the State Party to identify legal mechanisms to designate the Mahabodhi Temple Complex as a protected monument, to ensure maintenance of the buffer zone proposed by the State Part for Mahabodhi at the time of inscription, and to consider the possible extension of the core zone to include the Bodhgaya property; 5. Invites the State Party to organise a series of stakeholders’ interventions in the process of improving and finalising the management plan, and to submit a request for Technical Co-operation Assistance for this purpose; 6. Requests the World Heritage Centre and the Advisory Bodies to organise a first joint mission in order to assess the steps taken by the State Party to protect the World Heritage values of the property, and to submit its report for examination by the 29th session of the Committee in 2005.

 

REPORT 2005 … http://whc.unesco.org/en/soc/1312

State of Conservation (SOC)

Mahabodhi Temple Complex at Bodh Gaya

Current conservation issues ~

Following the request of the 28th session of the Committee (Suzhou, 2004), a joint mission was undertaken by ICOMOSand WHC from 21 to 27 April 2005 in order to assess the steps taken by the State Party to protect the World Heritage values of the property. 

The joint ICOMOS/WHC mission examined a number of approaches for the management of this property.  These included the approach developed by HUDCO (Housing and Urban Development Authority) in consultation with the ASI (Archaeological Survey of India) over the last 18 months and reflected in the documents made available to the mission, “Mahabodhi Temple Complex World Heritage Property: Site Management Plan” (both the document itself and a hard copy of the accompanying power point presentation), “Heritage Led Perspective Development Plan for Bodhgaya, Vision 2001-2031: The Plan ”, and “Heritage Led Perspective Development Plan for Bodhgaya, Vision 2001-2031: The Work Studies”.  An alternative approach based on the protection of the World Heritage values of the property was also presented by a heritage conservation expert.  Following discussions in Delhi and Bodhgaya as well as an on-site visit to the property and its surroundings, the mission made the following observations:

a) Progress made in refining the Site Management Plan prepared by HUDCO:

The HUDCO Site Management plan (April 2005) constitutes an admirable attempt to synthesize analysis around key development and conservation issues and to present recommendations for planning action to strengthen care of the property and adjoining buffer zones.  However, as noted by the authors of the report, at this stage the Site Management Plan remains an advisory document containing only guideline suggestions for improvement.  The mission also noted substantial weaknesses in the document particularly in the definition and elaboration of the property’s Outstanding Universal Value, and that while there are many useful recommendations for enhanced control in the buffer zone of the Mahabodhi Temple Complex, until these are adopted and incorporated in the Development Plan proposed for Bodhgaya, these recommendations are not yet in force.  

ICOMOS recommends that work on the Site Management Plan be suspended until such time as all necessary conditions for implementation of the plan are in place.

b) Need to establish an appropriate management mechanism:

The final part of the Site Management Plan document focuses on the “institutional mechanism for plan implementation”.  Recognizing that the authority of the BTMC (Bodhgaya Temple Management Committee), while established statutorily in 1949, is limited to the Mahabodhi Temple Complex area, and that control of the proposed buffer zone can only be achieved with commitment of adjacent landowners, the report explores various integrated management mechanisms, from strengthening of the BTMC to creation of a new World Heritage management authority. 

c) Need for an appropriate legal protection framework at both national and state levels to support the Site Management Plan:

While management of a World Heritage property normally calls for the highest possible protection at national level, in the present case the ASI feels strongly that national designation involving “monument protection” would be counterproductive, given the importance of the property as living religious heritage.  Equally, the State Government of Bihar believes that with the BTMC playing a statutory role, there is no need for State level notification.  The State Government is however prepared to extend its development control authority over the buffer zone through measures proposed in the Bodhgaya Development Plan. 

d) Controls to be in place within the buffer zones proposed by the State Party at the time of inscription:

The HUDCO Site Management Plan document elaborates controls to be placed on development within the buffer zones identified at the time of inscription.  The one km.  radius buffer zone is broken into two “special areas”, one permitting no development within approximately 0.5 km from the Temple Complex, and the second limiting development to one storey between 0.5 km and one km away from the temple.  The boundaries of the two inner buffer zones have been adjusted to suit ground conditions, and proposed control provisions within clarified and strengthened.  A “further periphery” zone extending beyond the one km buffer zone to two km on the Temple side of the river is also identified.  These provisions, as they involve a change to the buffer zone definition and protective regime proposed at the time of inscription should be reported to the World Heritage Committee, once adopted within the Development Plan for Bodhgaya.

e) Feasibility of the extension of the inscribed property to include the surrounding cultural landscape associated with the presence and enlightenment of the Lord Buddha in the region:

The mission observed importance of giving consideration of the possible long-term extension of this property beyond the Mahabodhi Temple Complex, to include the surrounding cultural landscape directly associated with the enlightenment of the Lord Buddha.   The strengthening of the buffer zone boundary definitions and control provisions within the Development Plan for Bodhgaya provides a welcome measure of control over a large area outside the inscribed Mahabodhi Temple Complex.  If adopted, these controls will ensure strong protection of the Outstanding Universal Value recognized by inscription, and will also ensure maintaining the character of the immediately adjacent cultural landscape.  It would be useful, in considering the consequences of a possible future extension, to assess the extent of the landscape beyond the buffer zone and periphery zones described above, to identify those segments of the vernacular landscape associated with all facets of the Lord Buddha’s search for, and attainment of enlightenment, including the Pragbodhi Hill, adjacent river banks etc.

 

f) The mission also noted the importance of the peer review process identified by the Committee at its 28th session (Suzhou, 2004) and requested of the State Party.  The peer review was carried out by two Indian professionals in March 2005.  Their report was provided by the ASI to the UNESCO mission on 27 April 2005.  

The State Party was also invited by the Committee at its 28th session (Suzhou, 2004) to organise a series of stakeholder interventions in the process of improving and finalising the Management Plan.  The authors of the Site Management Plan have described strong efforts on their part to include stakeholders at all levels within Bodhgaya in their consultation process.

The mission was made aware of a certain number of illegal encroachments taking place in the immediate vicinity of the inscribed property.  While State and local authorities are taking measures to deal with these encroachments, it would be useful to accurately document existing conditions throughout the inscribed property, buffer zones and periphery zones, to provide a benchmark for future monitoring and reference.  

 

 Decision 

29COM7B.52

The World Heritage Committee,

  1.  Having examined the Document WHC-05/29.COM/7B.Rev,
  2.  Recalling its Decision 28 COM 15B.57 adopted at its 28th session (Suzhou, 2004),
  3.  Congratulates the State Party of India for the extensive efforts involved in putting together documents for the management plan of the property and organizing the joint World Heritage Centre/ICOMOS mission of April 2005;
  4.  Requests the State Party to:

a) Adopt the provisions of the Site Management Plan of April 2005 within the Bodhgaya Development Plan being prepared by the Bihar State Government, including those that touch the extent of, and controls within the Bodhgaya buffer zone and periphery zone;

b) Explore an appropriate management mechanism for the property to protect its outstanding universal value as well as the values of the adjacent buffer and periphery zones;

c) address the weaknesses identified by the joint World Heritage Centre/ICOMOS Mission of April 2005 in the present Management Plan document (April, 2005), particularly those related to description of the property’s outstanding universal value;

d) Establish appropriate forms of support, control and involvement at both national and state levels to put in place the management mechanism described in b) above; and

e) Prepare a detailed property documentation of existing conditions within buffer and periphery zones, as a basis for future monitoring.

  1.  Encourages the State Party to explore the appropriateness of a long term extension of the Mahabodhi Temple Complex inscription to include the cultural landscape identified with the wanderings and enlightenment of the Lord Buddha in this region, and possibly to include other properties associated with the life of the Buddha in India, for example, Sarnath (currently on the Indian national tentative list);
  2.  Invites the State Party to give further consideration to the possible designation of the property under national legislation in order to ensure protection of its outstanding universal value as well as its authenticity and integrity;
  3.  Requests the State Party to submit a report to the World Heritage Centre, by 1February 2006, on the progress made in the implementation of the above recommendations, for examination by the Committee at its 30th session (Vilnius, 2006).

 

REPORT 2006 … http://whc.unesco.org/en/soc/1184

State of Conservation (SOC)

Mahabodhi Temple Complex at Bodh Gaya

Analysis and Conclusion

The progress report, submitted by the State Party on 31 March 2006, provides brief information on the steps taken by the authorities in response to the recommendations made by the 29th session of the Committee (Durban, 2005).

The report states that the Bodhgaya Development Plan, entitled the “Heritage Led Perspective Development Plan of Bodhgaya, Vision 2031”, has been discussed with local stakeholders following the request of the Committee to adopt the provisions of the Site Management Plan of April 2005 within the development plan. The Gaya regional development authority is presently revising the Plan by incorporating the issues raised by local stakeholders with a view to finalising the document. The zoning proposed in the management plan has been incorporated into this development plan which also includes a focus on heritage protection. ICOMOS notes that a management plan and a development plan have different goals, and that it is important to define the relationship between them in ways that shall ensure that the protection of the outstanding universal value of the property is the basis for all decision-making in both plans.

Furthermore, the State Party reports that the Bodhgaya Development Plan includes heritage guidelines for the town that are to be followed by all major construction projects, notably a height control for buildings, as well as a ban on construction within the World Heritage boundaries and its buffer zone. At present, until the Bodhgaya Development Plan is approved and implemented by the State Government, any construction carried out within the designated World Heritage property area is being banned. However, in the context of the illegally approved constructions noted by the UNESCO/ICOMOS mission in 2005, the State Party has not reported whether the ban on construction is respected.

The State Party’s efforts to implement the Committee’s decisions concerning the management plan are commendable. However, ICOMOS recommends that the implementation of this plan should be further monitored to ensure that the concerns expressed in the joint World Heritage Centre-ICOMOS mission of 2005 are fully addressed, particularly those related to the recognition of the outstanding universal value of the site, and that a timeframe should be set in this regard.

In response to the Committee’s request thatappropriate management mechanisms be explored, the State Party reports that the capacity of the existing agency, the Bodhgaya Temple Management Committee (BTMC), is presently being strengthened in co-operation with the State Government of Bihar and the Central Government. The State Party underlines that a consensus on the management mechanism needs to be established amongst the different interest groups and stakeholders before any major change can be made in the present management system. ICOMOS reinforces the importance of this point and of ensuring full participation of the BTMC in the finalization of the management plan.

The report further mentions that detailed property documentation of existing conditions within buffer and periphery zones, as a basis for future monitoring, has been initiated and is expected to be completed by end July 2006. No specific details concerning the progress of this work have been provided in the report.

Regarding the invitation by the Committee to explore the appropriateness of an extension of the Mahabodhi Temple Complex nomination to include the cultural landscape that is identified with the wanderings and enlightenment of the Lord Buddha in this region, the State Party considers that detailed archaeological surveys and excavations are required to determine the locations and extent of specific associated sites, and that the issue of the extension of the property can only be considered once this work has been completed. ICOMOS regards the area in question as a large cultural landscape, which may be defined without the need for archaeological analysis and comments that the State Party should give this issue the highest priority as this area is inextricably linked with the outstanding universal value of the property, and a delay in including the related landscape as an essential part of an extended nomination puts its survival at risk.

Regarding the possible designation of the property under national legislation, the State Party reports that the living religious nature of the site makes it necessary to initiate a process of consensus-building around any move to national legislation. This process is presently underway, notably at the local level. ICOMOS underlines the importance of the Government of India providing for sites inscribed on the World Heritage List the highest level of national legal protection, as is the case with other religious properties on the World Heritage List. 

 Decision 

30COM7B.64

The World Heritage Committee,

  1. Having examined Document WHC-06/30.COM/7B,
  2. Recalling Decision 29 COM 7B.52, adopted at its 29th session (Durban, 2005),
  3. Recognises the efforts and progress made by the State Party to respond to the requests made at the 29th session (Durban, 2005);
  4. Encourages the State Party to continue its efforts to adopt and implement the provisions of the management plan of April 2005 within the Bodhgaya Development Plan, if possible by 1 February 2007;
  5. Invites the State Party to request assistance from the World Heritage Centre and the Advisory Bodies to advance the implementation of the management plan, and to ensure the protection of the outstanding universal value of the property, as well as of the adjacent buffer and periphery zones;
  6. Reiterates its recommendation to the State Party to undertake all necessary actions to ensure the nomination of the related landscape identified with the wanderings and enlightenment of the Lord Buddha in this region as an extension to the Mahabodhi Temple Complex;
  7. Strongly recommends that the State Party, as a matter of priority, follow-up on the possible designation of the property under national legislation;
  8. Requests the State Party to submit to the World Heritage Centre by 1 February 2007, a detailed report on the progress made on the above points, for examination by the Committee at its 31st session in 2007.

 

 

REPORT 2007 …. http://whc.unesco.org/en/soc/1024

State of Conservation (SOC)

Mahabodhi Temple Complex at Bodh Gaya

 

Factors* affecting the property identified in previous reports

General threats:

a) Lack of co-ordinated and integrated management system;

b) Lack of detailed property documentation;

c) Increasing numbers of visitors.

Specific threats:

d) Loss of character of the cultural landscape directly associated with the property and its outstanding universal value;

e) Lack of protection under national legislation.

 

Current conservation issues

The State Party submitted a report on the state of conservation of the World Heritage property on 27 January 2007. The report comments in detail on measures undertaken by the State Party to improve management of the property. These include:

a) Creation of an “Expert Advisory Committee” to assist with implementation of the site management plan. This group has met twice and made useful recommendations on a number of technical points;

b) Adoption of the site management plan of April 2005 by the Bodhgaya Temple Management Committee (BTMC), and ratification by the multi-stakeholder Advisory Board of the BTMC on 8 November 2006;

c) Adoption of the “Heritage led perspective development plan for Bodhgaya, Vision 2005-2031″ by BTMC’s Advisory Board on 8 November 2006 and also by the Gaya Regional Development Authority on 12 December 2006. The State Party report notes that the zoning proposed in the site management plan for core, buffer and periphery zones have been included in the development plan. The State Party also notes that the Gaya Regional Development Authority has submitted the Vision 2005-2031 document to the state government of Bihar for final approval and notification, and that approval is expected by 15 February 2007;

d) Adoption of construction ban within prescribed zones, along with legal actions;

e) Efforts to improve security of the Temple premises by the BMTC in accordance with the provisions made in the site management plan;

f) Further efforts to ensure technical strengthening of the BMTC committee and the establishment of a heritage reserve fund, to be utilized for the conservation and maintenance of the Temple Complex.

In relation to recommendations made by the World Heritage Committee at its 28th (Suzhou, 2004), 29th (Durban, 2005) and 30th (Vilnius, 2006) sessions to ensure the nomination of the related landscape identified with the wanderings and enlightenment of the Lord Buddha in this region as an extension to the Mahabodhi Temple Complex, the State Party notes that funds are being sought from the Government of India to develop an “information base including GIS mapping of the surrounding regions” to facilitate finalizing a proposal for the extension of the property.

In response to previous recommendations made by the World Heritage Committee that the State Party, “as a matter of priority, follow-up on the possible designation of the property under national legislation”, the State Party report emphasizes that “technical support for conservation of Mahabodhi Temple and other ancient structures is extended by the Archaeological Survey of India, as and when required by the BTMC”. It is also noted that the Temple is now managed under a special act of the State Government of Bihar and could also be brought under the Archaeological act of the State Government of Bihar to further enhance the requisite protection of the site, and its authenticity, integrity and outstanding universal value.

In relation to site management, it is noted:

(i) That the State Party should inform the Committee whether the confirmation of approval of “Bodhgaya Vision 2005-2031” by the Gaya Regional Government, expected February 2007, has been received.

(ii) While the efforts to integrate provisions of both documents are appreciated, it is suggested that the State Party confirm the primacy of the site management plan, should there be any conflict between the Vision 2005-2031 development plan and the site management plan.

(iii) ICOMOS and the World Heritage Centre note the efforts to ban new construction until the development plan is fully adopted, and to take legal action if required. It would be appreciated if the State Party could confirm that illegal constructions which are numerous, and in many cases very offensive, will all be removed from the World Heritage site and its buffer zone.

In relation to extending the nomination to include the surrounding cultural landscape, it is noted, as last year, that the activities intended to be undertaken by the State Party prior to inclusion of the surrounding cultural landscape (2006: detailed archaeological surveys and excavations, 2007: GIS data base), are not critically important for adequately defining an associative cultural landscape of this scale and importance. ICOMOS would like to stress again that the State Party should give the extension of the site the highest priority, given that this cultural landscape is inextricably linked with the outstanding universal value of the property, and that any further delay in including the related landscape as an essential part of an extended nomination puts its survival at risk.

In relation to protecting the site under national legislation, ICOMOS and the World Heritage Centre again emphasize that while recognizing the difficulties of extending national legislation to a living religious site, and the importance of strengthening protective measures at State level, that a site of World Heritage status deserves to be recognized nationally and offered the benefit of all possible national level support and protection. It is suggested that efforts in this direction be combined with efforts to extend and redefine the World Heritage property to include the associated cultural landscape. 

 

 Decision 

31COM7B.82

The World Heritage Committee,

1.       Having examined Document WHC-07/31.COM/7B;

2.       Recalling Decision 30 COM 7B.64, adopted at its 30th session (Vilnius, 2006);

3.       Notes with satisfaction that the State Party has adopted the site management plan and the “Heritage led perspective development plan for Bodhgaya, Vision 2005-2031″ and its continuing efforts to develop management mechanisms which fully and effectively integrate all stakeholders in protecting the Outstanding Universal Value of the World Heritage property;

4.       Encourages the State Party to inform the World Heritage Committee concerning the following aspects of the implementation of the site management plan:

a)      confirmation of the adoption of the Vision 2005-2031 development plan by the Gaya Region, in integrating relevant provisions of the site management plan;

b)      commitment of the authorities to continue to enforce the ban on construction at the property;

5.       Strongly urges the State Party to re-submit the property for inscription as a cultural landscape at the very earliest opportunity before the character of this important landscape, directly associated with both the life and wanderings of Buddha and the  Mahabodhi Temple, is irretrievably lost;

6.       Suggests that the State Party use the occasion of the resubmitted nomination to ensure national protection of the entire extended property;

7.       Requests the State Party to submit a report to the World Heritage Centre on 1 February 2009 on its progress in responding to the requests made above, for examination by the Committee at its 33nd session in 2009. 

 

REPORT 2010 … http://whc.unesco.org/en/soc/508

State of Conservation (SOC)

Mahabodhi Temple Complex at Bodh Gaya

Current conservation issues

On 5 February 2010 a report on the state of conservation of the property was submitted by the State Party. This report covered management and visitor related issues, conservation works carried out at the property, the state of progress on the implementation of the management plan, and a report on the health of the Bodhi Tree. The report also included a copy of the legal act protecting the property at the Bihar State level, and the minutes of the annual meetings of the Expert Advisory Committee on Mahabodhi Temple from 2005 to 2009. 

a) Confirmation of the adoption of the Vision 2005-2031 Development Plan by the Gaya Region, integrating relevant provisions of the site management plan

The State Party report indicates that the site is being managed by the Bodhgaya Temple Management Committee (BTMC) under the Bodhgaya Temple Act of 1949. There is also an Expert Advisory Committee on Mahabodhi to give regular advice to the management committee on activities to be undertaken. In specific reference to the request by the World Heritage Committee in regard to ensuring that the management plan has been integrated into the larger 2005 – 2031 Development Plan, the State Party report states clearly that all development activities in Bodhgaya, including those related to tourism management, are now guided by the management plan. The report further states that the level of visitors remains on the increase. There are, however, no indications as to how this increased visitor flow is being dealt with, and the annexed minutes of the Expert Advisory Committee indicate that work has not yet been initiated for the improvement of signage and visitor information at the site.  

The Advisory Bodies and the World Heritage Centre welcome this confirmation by the BTMC that the site management plan is now being used as a guideline for development at the Temple complex and in Bodhgaya. It is not always clear, however, how the decisions taken by the Expert Advisory Committee (as found in the minutes provided), conform to the management plan. Concerns also still remain in regard to the management of the increasing number of pilgrims and other visitors to the site. 

b) Commitment of the authorities to continue to enforce the ban on construction at the property

The State Party report states clearly that all development activities in Bodhgaya are now guided by the management plan, which states along with the development plan that no new construction should take place within the World Heritage property, and that very limited development related to religious and related usage can be allowed in the buffer zone. However, no indications as to the commitment of the authorities to continue to enforce the ban on construction at the property was contained in the State Party report as requested by the Committee at its 31st session.

c) Conservation issues (including the state of the Bodhi Tree)

The State Party report provides a short update on completed and ongoing conservation and restoration of specific elements within the temple compound. There is mention within the Expert Advisory Committee minutes to proposals for new boundary railings and carved panels showing the life of the Buddha, for which advice from the World Heritage Centre and the Advisory Bodies would be sought. There is also extensive information on the health of the Bodhi tree, which has improved in the past three years with proper attention.

The Advisory Bodies and the World Heritage Centre welcome the ongoing conservation works that have been carried out at the property in cooperation with the Archaeological Survey of India (ASI). The State Party reports, however, does not provide enough information on the conservation work carried out or on the proposed additional elements (railings and panels) referred to in the Expert Advisory Committee minutes. There also remains some concern about the use of appropriate materials for conservation and repair work. 

d) Protection of the landscape surrounding the property including by the submission of a re-nomination for the inscription of an extended area as a cultural landscape

Due to the importance of the property within its larger cultural landscape associated with the life of Buddha, the World Heritage Committee at its 31st session (Christchurch, 2007), strongly urged the State Party to submit a nomination for the property as a cultural landscape incorporating not only the temple complex but the surrounding landscape. There was no information in the state of conservation report submitted by the State Party on this issue.

As stated in previous reports, the World Heritage Centre and the Advisory Bodies consider that the extension of this property to include its landscape is an important objective in order to capture additional aspects that would enhance the Outstanding Universal Value and to allow for the protection of this significant landscape. Recognising that it is the prerogative of the State Party to decide whether or not to re-nominate an extended property, the World Heritage Centre and the Advisory Bodies consider that it would be useful to further discuss this issue with the State Party in the context of any missions to the site and/or of the Periodic Reporting process, 

e) Legal Status of the property

Although not contained in the body of the State of Conservation Report, the annexed minutes of the Expert Advisory Committee on Mahabodhi Temple, dated July 2009, mention that no progress has been made on the request by the World Heritage Committee to have the site protected at the national level in addition to the state protection. 

Given its status as a World Heritage property, the World Heritage Centre and the Advisory Bodies continue to consider that the declaration of the property as a national monument would give additional protection. It may be, however, that the State Party and the BTMC feel that the current legal protection under Bihar State law is sufficient with the ASI being called in for conservation works. This is an issue that should be further explored in consultation with the State Party, the BTMC, the World Heritage Centre and the Advisory Bodies possibly in the context of a mission.

In conclusion, the World Heritage Centre and the Advisory Bodies welcome progress made by the BTMC at the property. It should be emphasized, however, that as requested in the mission report from 2005, a retrospective Statement of Outstanding Universal Value is needed to guide conservation and management decisions. Attention should also be called to the need to ensure that decision-making by both the BTMC and Expert Advisory Committee is in conformity with the management plan, and that proper advice is sought on conservation activities and any new proposals for the property. For this reason, a mission would be useful in 2011 with the aim of discussing with the State Party and BTMC the progress made on the site to date, and to clarify the feasibility of earlier recommendations of the World Heritage Committee for national legal protection and an extension to the property.

 

 

Decision 

34COM7B.70

The World Heritage Committee,

  1.  Having examined Document WHC-10/34.COM/7B,
  2.  Recalling Decision 31 COM 7B.82, adopted at its 31st session (Christchurch, 2007),
  3.  Notes with satisfaction that the State Party has confirmed that all development activities coming within the approved “Vision 2005-2031 Development Plan” are being guided by the provisions of the Site Management Plan for the property and encourages the State Party to continue the implementation of the Site Management Plan and the Development Plan 2005-2031;
  4.  Reiterates its request to the State Party to consider re-nominating the property as a cultural landscape, as already suggested at its 31st session (Christchurch, 2007), to enhance the Outstanding Universal Value and protect the character of the important landscape directly associated with both the life and wanderings of Buddha and the inscribed Mahabodhi Temple site;
  5.  Requests the State Party to explore the possibility of improving the legal protection of the property by declaring the property a national monument;
  6.  Also requests the State Party to invite a joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission to the property in 2011 with the aim of discussing with the State Party and the Bodhgaya Temple Management Committee (BTMC) the progress made at the site to date, as well as to clarify the feasibility and possible modalities of implementation of the above recommendations;
  7.  Further requests the State Party to submit to the World Heritage Centre on 1 February 2012 an updated report on the state of conservation and progress made in responding to the requests made above, for examination by the World Heritage Committee at its 36th session in 2012.

 

REPORT 2011

World Heritage  Patrimoine mondial  36 COM

Distribution limited / limitée Paris, 29 March / 29 mars 2012 Original: English

UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION ORGANISATION DES NATIONS UNIES  POUR L’EDUCATION, LA SCIENCE ET LA CULTURE

 

CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE CONVENTION CONCERNANT LA PROTECTION DU PATRIMOINE MONDIAL, CULTUREL ET NATUREL

WORLD HERITAGE COMMITTEE / COMITE DU PATRIMOINE MONDIAL

Thirty-sixth session / Trente-sixième session Saint Petersburg, Russian Federation / Saint Pétersbourg, Fédération de Russie

24 June – 6 July 2012 / 24 juin – 6 juillet 2012

Item 7 of the Provisional Agenda: State of conservation of properties inscribed on the World Heritage List and/or on the List of World Heritage in Danger.

Point 7 de l’Ordre du jour provisoire: Etat de conservation de biens inscrits sur la Liste du patrimoine mondial et/ou sur la Liste du patrimoine mondial en péril

MISSION REPORT / RAPPORT DE MISSION

Mahabodhi Temple Complex at Bodh Gaya (India) (C 1056 rev)

Ensemble du temple de la Mahabodhi à Bodhgaya (Inde) (C 1056 rev)

21-27 February 2011

This mission report should be read in conjunction with Document:

Ce rapport de mission doit être lu conjointement avec le document suivant:

WHC-12/36.COM/7B

 

REPORT ON THE JOINT WORLD HERITAGE CENTRE / ICOMOS/ICCROM

REACTIVE MONITORING MISSION TO THE WORLD HERITAGE PROPERTY OF MAHABODHI TEMPLE COMPLEX AT BODH GAYA

(INDIA, C 1056 rev) 21-27 February 2011

Authors

Feng JING (UNESCO World Heritage Centre)

Gamini Wijesuriya (ICCROM)

Augusto Villalon (ICOMOS International)

 

REPORT ON THE MISSION TO Mahabodhi Temple Complex at

Bodhgaya (India,) from 21 to 27 February 2011

TABLE OF CONTENTS

ACKNOWLEDGEMENTS

EXECUTIVE SUMMARY AND LIST OF RECOMMENDATIONS (1-2 pages max)

(Please note: This section should be written for use as the official State of Conservation report draft working document to the World Heritage Committee.)

Report length 10-15 pages plus annexes

1 BACKGROUND TO THE MISSION

Inscription history

Inscription criteria and World Heritage values

Integrity issues raised in the ICOMOS/IUCN evaluation report at time of inscription

Examination of the State of Conservation by the World Heritage Committee and its Bureau (refer to previous State of Conservation reports etc.)

Justification of the mission (terms of reference, itinerary, programme and composition of mission team provided in Annex)

2 NATIONAL POLICY FOR THE PRESERVATION AND MANAGEMENT OF THE WORLD HERITAGE PROPERTY

Protected area legislation

Institutional framework

Management structure

Response to the recognition of values under international treaties and programmes (World Heritage Convention, Biosphere Reserve etc.)

 

3 IDENTIFICATION AND ASSESSMENT OF ISSUES / THREATS

Management effectiveness,

Nature and extent of threats to the property, taking into consideration the natural values for which the property was inscribed and specific issues outlined by the World Heritage Committee,

Positive or negative developments in the conservation of the property since the last report to the World Heritage Committee,

Information on any threat or damage to or loss of outstanding universal value, integrity and/or authenticity for which the property was inscribed.

4 ASSESSMENT OF THE STATE OF CONSERVATION OF THE PROPERTY

Review whether the values, on the basis of which the property was inscribed on the World Heritage List, and the conditions of integrity are being maintained,

Review any follow-up measures to previous decisions of the World Heritage Committee on the state of conservation of the property and measures which the State Party plans to take to protect the outstanding universal value of the property.

5 CONCLUSIONS AND RECOMMENDATIONS

Recommendations for any additional action to be taken by the State Party, including draft recommendations to the World Heritage Committee

Whenever further action is needed, clear benchmarks indicating the corrective measures to be taken in order to achieve significant improvement of the state of conservation and a timeframe within which the benchmarks will have to be met

Recommendation as to whether the level of threats to the property warrants the property being removed from the List of World Heritage in Danger

6 ANNEXES

Terms of reference

Itinerary and programme

Composition of mission team

List and contact details of people met

Maps (most recent maps of the boundaries of the property)

Photographs and other graphical material (showing issues of integrity)

ACKNOWLEDGEMENTS

 

The Joint World Heritage Centre/ICOMOS/ICCROM monitoring mission to the World Heritage property of the Mahabodhi Temple Complex at Bodhgaya has been kindly coordinated by the distinguished representatives of the national and state Governments of India and the site management body, as well as experts who provided important information to the mission. The mission members would like to express sincere thanks to all those officers and experts who have kindly accompanied the team during the valuable discussions and on-site visits to the property. Our gratitude also goes to the representatives from the Citizens Forum, NGOs such as Hotel Association, International Buddhist Council (IBC) at Bodhgaya, and the media who kindly provided information to the mission team.

Archaeological Survey of India (ASI)

Dr Gautam Sengupta, Director-General

Mr Praveen Srivastava, ADG, ASI

Dr B. R. Mani, Joint Director-General, ASI

Mr Janhwij Sharma, Director of Conservation, ASI

Mrs Radhika Dhumal, Consultant Conservation Architect, ASI

Mr Sanjay Kumar Manjul, Superintendent Archaeologist, ASI Patna Circle Office,

Bodhgaya Temple Management Committee (BTMC)

Ms Bandana Preyashi, District Magistrate, Gaya cum, Chairperson, BTMC

Mr Nangzey Dorjee, Member Secretary of BTMC

Ven Bhikkhu Chalinda, Chief Monk, Mahabodhi Temple

Ven Deenananl, Care Taker, Mahabodhi Temple

 

All other BTMC members who attended the Stakeholders consultation meetings and

accompanied the mission during field visits.

 

State Government of Bihar (Patna)

Mr Anup Mukerji, Chief Secretary

Mr Vivek Kumar Singh, Commissioner of Magadh Division

Mr K.C. Saha, Development Commissioner

Principle Secretary, Home Department

Principal Secretary, Department of Culture

Principla Secretary, Department of Tourism

Principal Secretary, Department of Urban Development

 

UNESCO Office in New Delhi

Mr Armoogum Parsuramen, Director

Mr Takahiko Makino, Programme Specialist for Culture

Ms Paromita De Sarkar, Project Manager

Ms Shalini Mahajan, Project Manager

 

EXECUTIVE SUMMARY & CONCLUDING RECOMMENDATIONS

In accordance with World Heritage Committee Decision 34 COM 7B.80 (Brasilia, July 2010), a Joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission was carried to Mahabodhi Temple Complex at Bodh Gaya (India, C 1056 rev) from 21 to 27 February 2011.

The mission discussed with the State Party and Bodhgaya Temple management Committee (BTMC) the progress made at the site to date and identified specific corrective measures to address the threats in the previous reports/missions.

Having examined the state of conservation of the World Heritage property, as well as the institutional and legal framework within which the property is conserved and managed, the mission concluded that the State Party of India have made efforts to respond to the concerns expressed and requests by the World Heritage Committee. The mission, however noted that a number of important conservation and management issues remain to be addressed to ensure a better protection and management of the World Heritage property and its Buffer Zone.

In general terms, the Mahabodhi Temple Complex at Bodh Gaya World Heritage property appears to be retaining its Outstanding Universal Value. The Temple compound seems to be large enough to physically accommodate the day-to-day small changes that have occurred so far from the religious activities. Regular maintenance work and restorations being carried out, while demonstrating the State Party and Site Management Authority’s strong and positive intention to preserve the property, nevertheless further enhancement is required to ensure the authenticity and the integrity of the property is retained.

The mission would nevertheless underline the conservation issues for the property from a broader context in view of the proposed extension of the property by the State Party as a Cultural Landscape. A strategic vision for the protection and management of the property as a living heritage site is needed to ensure a value-based approach for urban and rural planning, heritage protection and management. The mission witnessed some of the infrastructure development projects around the property, which were being implemented at a fast pace, and noted with some concern, for the potential pipeline development projects under discussion and/or planning.

 

The Mission’s findings have resulted in the following concluding recommendations. These recommendations have been based on the assessment of progress made the State Party to address the conservation issues identified by the World Heritage Committee, as well as other general policy directions and observations:

Concluding Recommendation concerning a strategic vision

5.1 A shared, balanced vision is required, which integrates heritage conservation and community development needs for the short and longer term. Considering the future extension of the World Heritage property to include other component parts in the Cultural Landscape, a co-ordinated long term vision for the conservation and management of Bogh Gaya as a living heritage site needs to be elaborated through meaningful stakeholder consultation, where a holistic values-based approach on urban and rural development and World Heritage protection and management is adopted by all concerned, especially the citizens and religious communities of BodhGaya.

Concluding Recommendation on property boundary and Buffer Zone

 

5.2. As discussed and agreed by the Chief Secretary and his staff during the discussions, a new holistic approach with planning authorities and relevant stakeholders are required to commence work who will initially work with existing Boundaries of the property and define a Buffer Zone for the property. The overall management of the World Heritage property will be integrated into the planning process. This should therefore address some of the following issues with regard to boundaries and Buffer Zone: a) Redefinition of boundaries with stakeholder consultations for greater understanding and participation for all parties to jointly determine all requirements within Buffer Zone; b) to reverse the misconception that World Heritage is restrictive, introduce a proactive vision of World Heritage and c) Necessary regulatory measures for the Buffer Zone should be established and implemented as a matter of priority. Based on the new Buffer Zone and considering the existing boundaries, Management Plan should be revised. If necessary, as stated by the Chief Secretary, action can be taken to strengthen the provisions of the BTMC Act to provide more power.

Regional planning authorities should revisit their plans based on the new boundaries and the Management plan with a view to help maintain the Outstanding Universal Value, to reduce any future pressures, to facilitate the pilgrims and to bring benefits of the place to the local community. It was agreed that Buffer Zone planning will be undertaken under the lead of the Bihar State Development Commissioner’s Office who will conduct consultations with all stakeholders to achieve a shared sense of strategic direction among all parties. The revised plan is to be submitted by November 2011 to ASI in the framework of the on-going second cycle of Periodic Reporting for Asia and the Pacific region.

Concluding Recommendation on Management Planning

5.3 Based on the Management Plan and also the revised regional development plan, establish more amenities, introduce other attractions within the Buffer Zone to diffuse heavy pilgrim load on Mahabodhi Temple, especially during festival periods. Also measures need to be taken to improve facilities and amenities (lodging, food, transportation, etc) for pilgrims at all levels.

5.4 As part of the Management planning process, conduct a year long study of the patterns of pilgrimages to understand pressures, if any, at any given time that can affect the Outstanding Universal Value of the property and to develop strategies to mitigate them.

Re-nominating of the property as a Cultural Landscape

5.5 In fact, the present urban congestion prevent the consolidation of the large area around Mahabodhi Temple as a Buddhist Cultural Landscape to be nominated for World Heritage listing. However, a serial nomination where a number of sites associated with the Lord Buddha is a more feasible approach. Moreover, the Cultural Landscape nomination is not in the priorities of the State Government of Bihar authorities whose focus is to improve infrastructure in Bodh Gaya and to complete the planning of the Buffer Zone.

Therefore, the proposal of re-nominating the property as a Cultural Landscape could be left to the national authorities for further studies and future actions

5.6 It appears that greater emphasis on coordination and communication between amongst different stakeholders, including the religious community is lacking. A clearer understanding on the requirements for World Heritage protection and management should be ensured while putting forward management structure for the property. Strengthening the BTMC expertise on the understanding of the OUV and the means and ways to maintain it would be essential. At the same time, ASI could have a regular liaising with the BTMC and its Expert Committee on Conservation. BTMC can be encouraged to apply for International assistance through the World Heritage Fund

5.7 Enhance, particularly municipal / Panchayat level in bodhgaya, awareness building in relation to World Heritage conservation processes, internationally recognized conservation standards and procedures, as well as timely information dissemination to the general public and citizens. There is a need to improve ways of information sharing and communication on conservation programmes and the World Heritage property through better publicity and other promotional activities on the importance of this sacred World Heritage site.

 

Enhancing the Management system, public communication and outreach

5.8 The BTMC deserves commendation for the good overall state of conservation of Mahabodhi Temple that is under its direction by virtue of the Bodh Gaya Temple Act of 1949. ASI has likewise done well in maintaining the temple. Although adequate measures have been taken by BTMC to decongest pilgrim traffic centered at the main Temple and Bodhi Tree by providing dispersal areas within the limited area of the complex, management of the extreme number of pilgrim arrivals during festivals held at special times of the year is difficult. Providing secondary pilgrimage destinations located in the Buffer Zone will help to further disperse pilgrims and to ease heavy visitor pressure on Mahabodhi Temple and the Bodhi Tree.

The ex-officio appointment of the District Magistrate of Bodh Gaya as Member of the Expert Advisory Committee and BTMC Chairman establishes close links with the State Government of Bihar whose Chief Secretary pledged his full support to maintain the property’s OUV through establishing a unified approach in aligning all State programs, budgets, and projects with the needs of Mahabodhi Temple, pilgrims, and the Bodh Gaya stakeholder community.

Concluding recommendation on legal provision for the protection of the site

5.9 In consultation with BTMC, the State Government of Bihar, and ASI led to the commitment by the State Government of Bihar to act on the requests of BTMC and Bodh Gaya authorities, to provide all conservation and maintenance measures for the property. The State of Bihar has the necessary legal instruments to intervene and assist Mahabodhi Temple exists through the Bodh Gaya Temple Act of 1949. This is currently running well.

The declaration of Mahabodhi Temple as a National Monument required the establishment of a new set of legal framework that transfers authority to the national government. However, should Mahabodhi Temple be transferred to National Monument status, the mandate transfers all management to ASI, a responsibility that ASI officials indicated they are significantly under resourced to assume a leading role. ASI suggested that it would be best to continue the present arrangement of BTMC contracting ASI for specific conservation services on an “as and when required” basis. Under such an arrangement, BTMC, as a paying client of ASI, does not fall into the national budget queue for ASI services. Furthermore ASI pointed out that it has no expertise in maintaining the living heritage aspect of Mahabodhi Temple. In regard, to the improvement of the existing Site Management procedures, the pragmatic approach was taken to strengthen and build up existing mechanisms and work within the legal framework already put into place through the State of Bihar. To ensure more satisfactory results rather than going through the time-consuming process of introducing new management mechanisms and legal framework required by the change of status to National Monument listing.

Concluding Recommendations for capacity-building and training

5.10 UNESCO Office in New Delhi, UNESCO World Heritage Centre, ICOMOS and, ICCROM will fully support the relevant Indian authorities and BTMC for the organization of training activities to upgrade and enhance capacity of the professionals and policy makers responsible for the protection of the World Heritage property and its surrounding area. Such training could include urban planning issues for living World Heritage sites, a refresher course on international conservation norms could possibly take place at national level with the support of UNESCO New Delhi or ICOMOS India.

General concluding recommendations

5.11 In general terms, and despite some negative incidents and development pressures, the World Heritage property of Mahabodhi Temple at Godh Gaya has remained its authenticity and integrity. It may therefore be concluded that the Outstanding Universal Value of the property is still being maintained by the State Party of India. The property should remain on the World Heritage List, while the State Party is strongly urged to take effective steps to enhance co-ordination through existing institutional frameworks in the national and State Governments to mitigate any future threats which may arise through urban and rural development planned and implemented without consideration of the living heritage site’s needs. Information awareness raising, capacity building, outreach in the decision making process are also strongly recommended as present insufficient levels of these three issues have resulted in unfortunate misunderstanding between stakeholders and the general public, including local citizens, loss of financial resources, as well as negative impact on the World Heritage property

1. BACKGROUND

1.1. Description of the property and inscription history

Mahabodhi Temple Complex at Bodhgaya (India) (ID 1056 rev)

Year of inscription on the World Heritage List: 2002

Criteria C (i) (ii) (iii) (iv) (vi)

Brief Description

The Mahabodhi Temple Complex is one of the four holy sites related to the life of the Lord Buddha, and particularly to the attainment of Enlightenment. The first temple was built by Emperor Asoka in the 3rd century B.C., and the present temple dates from the 5th or 6th centuries. It is one of the earliest Buddhist temples built entirely in brick, still standing in India, from the late Gupta period.

1.2. Inscription criteria and World Heritage values

The property was inscribed on the UNESCO World Heritage List in 2002 on the basis of criterion (i), (ii),(iii),(iv) and (vi). The World Heritage Committee decision; 26 COM 23.15 stated the following as justification:

Criterion (i): The grand 50m high Mahabodhi Temple of the 5th-6th centuries is of immense importance, being one of the earliest temple constructions existing in the Indian sub-continent. It is one of the few representations of the architectural genius of the Indian people in constructing fully developed brick temples in that era.

Criterion (ii) The Mahabodhi Temple, one of the few surviving examples of early brick structures in India, has had significant influence in the development of architecture over the centuries.

Criterion (iii) The site of the Mahabodhi Temple provides exceptional records for the events associated with the life of Buddha and subsequent worship, particularly since Emperor Asoka built the first temple, the balustrades, and the memorial column.

Criterion (iv) The present Temple is one of the earliest and most imposing structures built entirely in brick from the late Gupta period. The sculpted stone balustrades are an outstanding early example of sculptural reliefs in stone.

Criterion (vi) The Mahabodhi Temple Complex in Bodh Gaya has direct association with the life of the Lord Buddha, being the place where He attained supreme and perfect insight.

1.3. Authenticity and integrity of the property

Authenticity:

Buddha had attained Enlightenment in this particular place is now called Bodh Gaya; this is of supreme value to the world. It has been documented since the time of Emperor Asoka who built the first temple in 260 BCE when he came to this place to worship the Bodhi Tree, which still stands as witness to the event, along with the attributes of the property (the Vajrasana, etc). Buddhist texts of both Theravadhan and Mahayanan traditions have clear reference of this event of Buddha’s enlightenment at Bodh Gaya. Buddhists from all over the world today venerate Bodh Gaya as the holiest place of Buddhist pilgrimage in the world.

This confirms the use, function, location and setting of the complex/property. The outstanding universal value of the property is truthfully expressed through the attributes present today. The architecture of the Temple has remained essentially unaltered and follows the original form and design. The Mahabodhi Temple Complex has continuous visitation by pilgrims from all over the world to offer prayers, perform religious ceremonies and meditate. (from Draft SOUV) Integrity:

The historical evidences and texts reveal that the parts of present Temple Complex date from different periods. The main Temple, the Vajrasana, the seat of Buddha’s enlightenment was preserved by Emperor Asoka and the Bodhi Tree under which Buddha attained enlightenment witnessed through the ages, the site’s glory, decline and revival since middle of 19th century A.D onwards is unchanged and complete.

The main part of the temple is recorded from about the 5th – 6th century A.D. But, it has undergone various repairs and renovation works since then. Having suffered from long abandonment (13th -18th century A.D) it was extensively restored in the 19th century, A.D and more works were carried out in the second half of the 20th century A.D. Nevertheless, the temple is considered to be the oldest and best preserved example of brick architecture in India from this particular period. Even though the structure has suffered from neglect and repairs in various periods, it has retained its essential features intact. (from draft SOUV)

1.4. Examination of the State of Conservation by the UNESCO World Heritage Committee, and corresponding decisions between 2002~ 2010 The attention of the UNESCO World Heritage Committee has been drawn to the state of conservation of Mahabodhi Temple Complex at Bodhgaya, World Heritage property 6 times since its inscription on 2002. One Joint World Heritage Centre/ ICOMOS mission in April 2005 has taken place in April 2005, which reported on aspects relating to the state of conservation of the property. The summary state of conservation reports and decisions from previous sessions of the UNESCO World Heritage Committee between 2003 and 2010 are recalled and reviewed below.

27th session of the World Heritage Committee (Paris, 30 June – 5 July 2003)

Decision – 27COM 7B.46

1. Having examined the state of conservation of the property for the first time since its inscription on the World Heritage List in 2002,;

2. Recalling the concern at the time of inscription regarding the tourism and pilgrimage pressures facing the property,;

3. While noting that the absence of a functioning comprehensive management plan has persisted in spite of the Committee’s recommendation at the time of inscription of the property for the development of such plan (26 COM 23.16), expresses its appreciation to the State Party for commencing the elaboration of such a plan,;

4. Expresses concern over the continuing tensions and occasional conflicts between local stakeholders, in particular the religious groups who wish to use this important religiousWorld Heritage property;

5. Recognizing the associated heritage significance of the surrounding areas of the Mahabodhi Temple which are intrinsically linked to the enlightenment of Buddha, but which are not within the core nor the buffer zone of the existing World Heritage property,;

6. Invites the State Party to enlarge the World Heritage protected area to ensure that the protective core and buffer zones are meaningful and effective for the conservation of the values of the property;

7. Requests the State Party to complete the elaboration of a comprehensive management plan which adequately integrates:

(a) Local community and stakeholders’ dialogue and co-operation,

(b) Protection, conservation and preservation of the heritage value and assets of this sacred property,

(c) Control of development activities within and surrounding the property related to tourism and pilgrimage activities;

8. Requests the State Party to submit to the World Heritage Centre by 1 February 2004 the completed comprehensive management plan in order that the World Heritage Committee can examine the state of conservation of the property at its 28th session in 2004.

 

28th session of the World Heritage Committee (Suzhou, 28 June – 7 July 2004)

Decision – 28COM 15B.57

The World Heritage Committee,

 1. Recalling the concern at the time of inscription regarding the tourism and pilgrimage pressures facing the property,

2. Congratulates the State Party for initiating efforts to elaborate a comprehensive document relevant to the long-term conservation and management of the property;

 3. Requests the State Party to pursue its efforts towards the finalisation of the current management plan for peer review by the Indian conservation professionals and taking into account the suggestions made by the Advisory Bodies in the joint ICCROM-ICOMOS paper, in particular focusing on:

a) integrating a heritage values-sensitive approach to management,

b) basing the document on protection of the inscribed Mahabodhi World heritage property,

c) developing a realistic implementation strategy,

d) including a peer review process within development of the plan;

4. Encourages the State Party to identify legal mechanisms to designate the Mahabodhi Temple Complex as a protected monument, to ensure maintenance of the buffer zone proposed by the State Part for Mahabodhi at the time of inscription, and to consider the possible extension of the core zone to include the Bodhgaya property;

5. Invites the State Party to organise a series of stakeholders’ interventions in the process of improving and finalising the management plan, and to submit a request for Technical cooperation Assistance for this purpose;

 6. Requests the World Heritage Centre and the Advisory Bodies to organise a first joint mission in order to assess the steps taken by the State Party to protect the World Heritage values of the property, and to submit its report for examination by the 29th session of the Committee in 2005.

29th Session of the World Heritage Committee (Durban, 10 – 17 July 2005)

Decision – 29COM 7B.52

The World Heritage Committee,

1. Having examined the Document WHC-05/29.COM/7B.Rev,

2. Recalling its Decision 28 COM 15B.57 adopted at its 28th session (Suzhou, 2004),

3. Congratulates the State Party of India for the extensive efforts involved in putting together documents for the management plan of the property and organizing the joint World Heritage Centre/ICOMOS mission of April 2005;

4. Requests the State Party to:

a) adopt the provisions of the Site Management Plan of April 2005 within the Bodhgaya Development Plan being prepared by the Bihar State Government, including those that touch the extent of, and controls within the Bodhgaya buffer zone and periphery zone;

b) explore an appropriate management mechanism for the property to protect its outstanding universal value as well as the values of the adjacent buffer and periphery zones;

c) address the weaknesses identified by the joint World Heritage Centre/ICOMOS Mission of April 2005 in the present Management Plan document (April, 2005), particularly those related to description of the property’s outstanding universal value;

d) establish appropriate forms of support, control and involvement at both national and state levels to put in place the management mechanism described in b) above; and

e) prepare a detailed property documentation of existing conditions within buffer and periphery zones, as a basis for future monitoring.

5. Encourages the State Party to explore the appropriateness of a long term extension of the Mahabodhi Temple Complex inscription to include the cultural landscape identified with the wanderings and enlightenment of the Lord Buddha in this region, and possibly to include other properties associated with the life of the Buddha in India, for example, Sarnath

(currently on the Indian national tentative list);

6. Invites the State Party to give further consideration to the possible designation of the property under national legislation in order to ensure protection of its outstanding universal value as well as its authenticity and integrity;

7. Requests the State Party to submit a report to the World Heritage Centre, by 1February 2006, on the progress made in the implementation of the above recommendations, for examination by the Committee at its 30th session (Vilnius, 2006).

30th Session of the World Heritage Committee (Vilnius, July 2006)

Decision – 30COM 7B.64

The World Heritage Committee,

1. Having examined Document WHC-06/30.COM/7B, 2. Recalling Decision 29 COM 7B.52, adopted at its 29th session (Durban, 2005),

3. Recognises the efforts and progress made by the State Party to respond to the requests made at the 29th session (Durban, 2005);

4. Encourages the State Party to continue its efforts to adopt and implement the provisions of the management plan of April 2005 within the Bodhgaya Development Plan, if possible by

1 February 2007;

5. Invites the State Party to request assistance from the World Heritage Centre and the Advisory Bodies to advance the implementation of the management plan, and to ensure the protection of the outstanding universal value of the property, as well as of the adjacent buffer and periphery zones;

6. Reiterates its recommendation to the State Party to undertake all necessary actions to ensure the nomination of the related landscape identified with the wanderings and enlightenment of the Lord Buddha in this region as an extension to the Mahabodhi Temple Complex;

7. Strongly recommends that the State Party, as a matter of priority, follow-up on the possible designation of the property under national legislation;

8. Requests the State Party to submit to the World Heritage Centre by 1 February 2007, a detailed report on the progress made on the above points, for examination by the Committee at its 31st session in 2007.

31st session of the World Heritage Committee (Christchurch, July 2007)

Decision- 31 COM 7B.82

The World Heritage Committee,

1. Having examined Document WHC-07/31.COM/7B;

2. Recalling Decision 30 COM 7B.64, adopted at its 30th session (Vilnius, 2006);

3. Notes with satisfaction that the State Party has adopted the site management plan and the “Heritage led perspective development plan for Bodhgaya, Vision 2005-2031″ and its continuing efforts to develop management mechanisms which fully and effectively integrate all stakeholders in protecting the Outstanding Universal Value of the World Heritage property;

4. Encourages the State Party to inform the World Heritage Committee concerning the following aspects of the implementation of the site management plan:

a) confirmation of the adoption of the Vision 2005-2031 development plan by the Gaya Region, in integrating relevant provisions of the site management plan;

b) commitment of the authorities to continue to enforce the ban on construction at the World Heritage property;

5. Strongly urges the State Party to re-submit the property for inscription as a cultural landscape at the very earliest opportunity before the character of this important landscape, directly associated with both the life and wanderings of Buddha and the inscribed Mahabodhi Temple site, is irretrievably lost;

6. Suggests that the State Party use the occasion of the resubmitted nomination to ensure national protection of the entire extended property;

7. Requests the State Party to submit a report to the World Heritage Centre on 1 February 2009 on its progress in responding to the requests made above, for examination by the Committee at its 33nd Session in 2009.

34th session of the World Heritage Committee (Brasília, 2010)

Decision -34 COM 7B.70

The World Heritage Committee,

1. Having examined Document WHC-10/34.COM/7B,

2. Recalling Decision 31 COM 7B.82, adopted at its 31st session (Christchurch, 2007),

3. Notes with satisfaction that the State Party has confirmed that all development activities coming within the approved “Vision 2005-2031 Development Plan” are being guided by the provisions of the Site Management Plan for the property and encourages the State Party to continue the implementation of the Site Management Plan and the Development Plan 2005-2031;

4. Reiterates its request to the State Party to consider re-nominating the property as a cultural landscape, as already suggested at its 31st session (Christchurch, 2007), to enhance the Outstanding Universal Value and protect the character of the important landscape directly associated with both the life and wanderings of Buddha and the inscribed Mahabodhi Temple site;

5. Requests the State Party to explore the possibility of improving the legal protection of the property by declaring the property a national monument;

6. Also requests the State Party to invite a joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission to the property in 2011 with the aim of discussing with the State Party and the Bodhgaya Temple Management Committee (BTMC) the progress made at the site to date, as well as to clarify the feasibility and possible modalities of implementation of the above recommendations;

7. Further requests the State Party to submit to the World Heritage Centre on 1 February 2012 an updated report on the state of conservation and progress made in responding to the requests made above, for examination by the World Heritage Committee at its 36th session in 2012

1.5. Justification of the February 2011 Joint UNESCO WHC/ICOMOS /ICRROM

mission The terms of reference of the mission derive from the Decision of the 34th session of the World Heritage Committee in July 2010. Essentially paragraphs 3, 4, 5 of the Committee Decision 34 COM 7B.80 (Brasilia, July 2010) below constitute the primary issues, which the mission (requested in paragraph 6) was expected to review in assessing progress made by the State Party in protecting the values of the inscribed property.

The Joint UNESCO WHC/ICOMOS/ICCROM Reactive Monitoring Mission was carried out pursuant to the Committee Decision 34 COM 7B.80 from 21 to 27 February 2011. The mission team is composed of the following persons:

 

1. Mr Feng JING, Chief a.i, Asia and the Pacific Section, UNESCO World Heritage

Centre;

2. Mr Augusto Villalon, Conservation Architect, representing the International Council

on Monuments and Sites (ICOMOS International);

3. Dr Gamini Wijesuriya, Project Manager of Site Unit, the International Centre for the

Study of the Preservation and Restoration of Cultural Property (ICCROM, Italy)

4. Mr Tahakiko Makino, Programme Specialist for Culture, UNESCO Office in New

Delhi.

2. NATIONAL POLICY FOR THE PRESERVATION, CONSERVATION AND

MANAGEMENT OF THE WORLD HERITAGE PROPERTY

2.1. Heritage legislation

Although property is not declared under the national heritage legislation, Bodhgaya Temple Management Committee (BTMC) has been established through an enactment at state level. BTMC works closely with the national Heritage authorities for matters pertaining to conservation.

2.2. Institutional framework, management structure and co-ordination mechanisms Day-to-day and long term management of the Bodhgaya has been empowered to the BTMC, which is chaired by the highest level public official representing the region. BTMC has an advisory body and also an office with paid staff at the site, which undertakes the day today management of the property and religious activities. The Funds are mostly coming from the donations of the pilgrims.

On matters related to conservation of structures, which are parts of the attributes manifesting OUV, the Archaeological survey of India are being consulted and tasks are entrusted with financial provisions from the BTMC.

2.2.1. Central government institutional framework Archaeological Survey of India (ASI) acts as the nodal agency for all World Heritage matters which includes Bodhgaya World Heritage property.

2.2.2. Other stakeholders at central government and local government levels in the management process of the World Heritage property BTMC comes under the mandate of the Bihar State government of which Chief Secretary is the highest civil administration authority. The Chair of the BTMC, District Magistrate comes under the civil administration. Through the Chief Secretary, BTMC has the access to all relevant organs of the administration, such as urban development and cultural administration. BTMC is the responsible management authority for the property. Grampanchayath, the grassroots level administrative unit, regional planning units, and the associations of Buddhist societies based around properties are considered as important stakeholders.

3. IDENTIFICATION AND ASSESSMENT OF ISSUES / THREATS (including positive or negative developments in the conservation of the property since the last report to the World Heritage Committee)

In contrast to many World Heritage properties, which are owned and managed by the central government agencies, this property has no legal jurisdiction of the central Government cultural heritage agency which is the Archaeological Survey of India (ASI). This property with its very high religious significance at national and international level, that requires the maintaining and management of the spiritual dimensions, and the massive crowds of pilgrimages. Some of the legal provisions of ASI if implemented may even hinder the management actions, which require certain flexibilities in dealing with liturgical requirements.

On this basis, the current management arrangements where all day-to-day activities related to liturgical and visitor aspects and cleaning are being managed by the semi governmental site management body of BTMC with its permanent office and staff is very effective. They are conscious of maintaining the religious values as well as the Outstanding Universal Value of the property and calls for the help of ASI to undertake all conservation activities. BTMC has also appointed an Expert Advisory Committee with eminent persons from the country with a view to advice on all conservation measures. All necessary funds are provided by the BTMC for the ASI to carry out conservation work. BTMC is ready to train their staff to better understand the importance attached to the place as a World Heritage property and to train their staff with a view to help maintaining the OUV. Management systems operating at this property are worth studying closely, as they may offer lessons to share with managing of similar religious sites.

This place is attached by large numbers of pilgrims. With the expanded travel and accommodation facilities, pilgrims are ever increasing to the place, arriving from the countries where Buddhism is still in practice. Undoubtedly, the Outstanding Universal Value of the property may attract tourists’ from the rest of the world. Seasonality which fluctuate the number of pilgrims is a phenomenon due to festivals, as well as the climatic conditions of the region. However, the pilgrimage has no threats to the OUV of the property. On the contrary, it can be enhanced with the increase of the pilgrims who will also be able to experience a World Heritage property in addition to the religious values for which they visit the place.

Temple Act of 1949, BTMC undertakes routine maintenance of the property in addition to its primary function of managing all religious aspects of Mahabodhi Temple.

Conservation Expertise:

To correct its lack in conservation expertise, BTMC requests capacity building in this aspect. BTMC has requested the Bihar State Government for technical assistance and training by its conservation staff.

BTMC invited a representative from the UNESCO New Delhi Office to attend all meetings of the Expert Advisory Committee in Bodh Gaya to establish direct communications with UNESCO.

Links with Local and State Government Authorities

Background: The Bodh Gaya Temple Act of 1949 specifies the State

Government of Bihar as owner of the Property; therefore it is responsible for management and protection of the site.

Direct linkage has been established with local and state government authorities through the ex-officio presence of the Bodh Gaya District Magistrate as the Chair of BTMC.

ASI specialists provide professional and technical services in executing specified conservation projects for Mahabodhi Temple requested by BTMC on an “as and when required” status.

All necessary government and institutional links to assure effective management of Mahabodhi Temple and the protection of its World

Heritage values are presently in place; harmonious cooperation exists among all parties.

Integrity: The temple continues with its original purpose as an important pilgrimage center, considered the most important of all Buddhist holy sites, a site that the Buddha himself instructed the faithful to visit and venerate. Within its precincts, all of its essential physical features (Mahabodhi Temple, Vajrasana, Bodhi Tree, and 6 other sacred sites of the Buddha’s enlightenment, and a number of votive stupas) directly associated with the life of Lord Buddha continue to retain their essential features and remain intact, therefore its integrity is assured.

Authenticity: Mahabodhi Temple marks the place where the Buddha attained enlightenment. Documentation proves that as early as 260 B.C.E. Emperor Ashoka constructed the first temple after worshipping at this site. Situated within property boundaries are all its attributes: the temple itself, Bodhi Tree, Vajrasana, some of the 6 other sacred sites associated with the Boddha’s enlightenment are being well preserved. All conservation work undertaken within the Property is executed under the expert supervision of the ASI, who bases its conservation procedures upon assuring the preservation of the monument’s authenticity.

Pilgrim Management: Despite great seasonal fluctuation that drastically affects the number of pilgrim arrivals at the Mahabodhi Temple Complex; within temple premises the BTMC successfully maintains an environment of cleanliness, orderliness, and peace that is totally in keeping with the sacred nature of the shrine which remains open 24 hours every day of the week. Some visitor control measures are exercised such as provision of separate activity areas within the premises to diffuse pilgrim congestion and crowding around Mahabodhi Temple and the Bodhi Tree. These control facilities are a Meditation Garden, separate upper and lower circumambulation pathways, gardens, and open areas adjoining the temple that provide additional meditation or active prayer space. However, due to the limited space within the Mahabodhi Temple premises, these facilities can never be sufficient to diffuse massive crush of pilgrim arrivals during festivals.

Interpretation: Interpretative signage within the Mahabodhi Temple precinct and surroundings remain at a rudimentary level, still awaiting the improvement requested by the World Heritage Committee. On the other hand, all Buddhist pilgrims arriving at Mahabodhi Temple are fully aware of the religious and cultural significance of each element within the holy shrine precinct. Therefore in-depth interpretation may not be an urgent need for the pilgrims’ sake but would be a definite help to the few non-Buddhists visiting Mahabodhi Temple.

Follow-up measures to Committee Decisions

Linking with Planning authorities and development Plans The Chief Secretary down to regional civil administration have realized and assured the logical and practical linkage of the greater development activities to the World Heritage property. However, there had been confusions over the development plan and the

Management plan prepared by HUDCO for the property. In particular, the Management plan has been prepared on the basis of a potential future ‘WH property’ boundaries and a Buffer Zone all done arbitrarily with little consideration to the nominated property boundaries. Misunderstanding and confusion exist among all stakeholders regarding the World Heritage boundary and buffer zone which should be the basis for linking with greater development of plans of the area due to lack of in-depth consultation among all parties. During stakeholder consultations, the following concerns were raised:

Background: Boundaries of the Mahabodhi Temple precinct remain as defined in the World Heritage document; BTMC clearly remains as the management authority within this precinct; confusion exists with stakeholders regarding the Buffer Zone;

Confusion over exact location of boundaries and different levels of protection in the Property and Buffer Zone;

Misconception has arisen from a coloured map (arbitrary drawn) included in the Management plan which has no legal basis.

That the proposed 50 and 100 meter radius around the Property boundary is totally unrealistic to the existing social and economic conditions of the Bodh Gaya settlement;

Misconception by stakeholders exists that World Heritage is restrictive, anti development and repressive;

Due to lack of community consultation, the proposed Master Plan was misunderstood and feared as overly limiting since it stipulated expropriation leading to loss of private property that owners understandably refused to give up;

Obviously, a change in attitude towards the Buffer Zone is necessary among all stakeholders (BTMC, government authorities, and community) to achieve concurrence in redefining Buffer Zone boundaries, and to reach consensus on zoning and land use regulations, building and height restrictions;

State Government of Bihar authorities are aware of the World Heritage values and committed to protect them in the planning process and consultations to be undertaken together with State planning authorities regarding Buffer Zone provisions; results shall be submitted by November 2011;

Based on these boundaries, planning authorities will be able to work on linking the Management plan with regional development plans and activities as discussed the Chief Secretary and the regional staff. Also, linked to this for consideration is the relationship with the surroundings outside temple precinct which deserves some discussion,

In contrast to the orderliness and aura of peace within the shrine, the ambiance outside the walled temple compound is the total opposite. Shops and souvenir stalls line the walkway and entrance plaza to the temple. Hawkers peddling souvenirs add to crowded conditions.

Being outside the Mahabodhi Temple boundary and no longer within BTMC jurisdiction, improvement of this area falls within the scope of Bodh Gaya area management authorities, which has introduced regulatory measures for souvenir sellers in the open plaza.

Responding to the request of the Committee to regulate and diffuse activity at the plaza leading to the temple precinct entrance, two clusters of souvenir stalls were recently constructed in the Buffer Zone at a distance away from the property. They were built to serve as alternate shopping areas for pilgrims and guests at new hotels expected to be constructed nearby, these newly completed facilities are still unoccupied. There is a need to architecturally ‘soften’ the impersonal feel of the cluster of concrete structures whose appearance is uninviting. Their character could be made more friendly and inviting through improved landscaping, addition of outdoor trellises and covered walkways, and planting of full-grown trees.

An even larger contrast exists on the main road immediately outside of the north fence of the temple precinct where strong development pressure threatens and congested urban environment that stands out against the tranquility of Mahabodhi Temple. The narrow, unpaved road behind the temple wall is a major commercial strip filled with small shops and hawkers selling everyday necessities – dining and cooking utensils, butcher shops, vegetable stalls, cloth and tailoring shops, home appliances, school supplies, and video shops, etc – essentials required for the daily lives of the Bodh Gaya community. Behind the main street, narrower residential lanes fan out into a densely populated neighborhood whose garbage, sanitation, and infrastructure facilities are all inadequate. People spill out of overcrowded dwellings into the lanes and streets. The short distance between the temple precinct and the banks of the Nirinjana River, located in this congested quarter of Bodh Gaya, is crowded with small shops, people and hawkers who congest the narrow unpaved lanes. Should the Nirinjana River bank be linked with Mahabodhi Temple, massive redevelopment is required to improve the walk marking Lord Buddha’s path from the river to the temple.

 

Cultural Landscape Issues 

The World Heritage Committee has requested Bodh Gaya authorities to consider linking the sites outside of the temple precinct associated with the enlightenment of the Lord Buddha for nomination as a single, unified cultural landscape. However, the urban congestion existing in the Buffer Zone (and outside) area immediately to the north of the temple precinct where a number of sites associated with the Lord Buddha, which were once in a bucolic rural area during his times, are today located in an urban setting. The area surrounding each of the series of holy sites is overpopulated, neglected, and plagued with the same inadequate refuse collection, sanitary, and infrastructure facilities. Tanks associated with the Lord Buddha that once supplied clean water to residents are now severely polluted. Ideally and logically, all sites within the Buffer Zone associated with the Lord Buddha should be fully documented, grouped together, and re-nominated as a single cultural landscape that reinforces the values of Mahabodhi Temple as suggested by an earlier Mission to the property.

However, existing political, stakeholder, and economic realities make the future management of the proposed consolidated area unwieldy. The proposed cultural landscape area is outside of the BTMC mandate. Therefore, the nomination process and subsequent management passes on to the purview of Bodh Gaya authorities whose priority is to resolve pressing issues regarding re-establishment of boundaries, determining zoning and management for the larger Buffer Zone in close consultation with stakeholders, and improving infrastructure. Instead of the cultural landscape approach, a serial nomination may be considered that nominates a series of small properties, their shared association with the Lord Buddha as the link uniting all the properties together as one. Each property shall be protected by its own Buffer Zone. Management responsibility shall be for a series of smaller areas that are easier to manage instead of a large area designated as a cultural landscape. The serial nomination approach appears to be more feasible, in tune with present political, social, economic, and site management realities and appears to be the approach that will achieve the much- needed protection of the very significant cluster of sites outside the temple precinct. In any event, this also depends on the priorities for the national government that deals with nominations

Strengthening legal protection and Mahabodhi Temple as a National Monument

Consultation with BTMC, the State Government of Bihar, and ASI led to the commitment by the State Government of Bihar to act on the requests of BTMC and Bodh Gaya authorities in providing all conservation and maintenance measures necessary for the property. The legal framework that allows the State of Bihar to intervene and assist Mahabodhi Temple exists through the Bodh Gaya Temple Act of 1949. This is currently running well.

Declaring Mahabodhi Temple as a National Monument requires establishment of a new set of legal framework that transfers authority to the national government, legislation that could take some time before approval. Furthermore, should Mahabodhi Temple transfer to National Monument status, the mandate transfers all management to ASI, a responsibility that ASI officials indicated that they were ill prepared to undertake due to the present load of monuments under their care and their inadequate budget. ASI suggested that it would be best to continue the present arrangement of BTMC contracting ASI for specific conservation services on an “as and when required” basis. Under such an arrangement, BTMC, as a paying client of ASI, does not fall in the budget queue for ASI services, as all nationally listed monuments do. Furthermore, ASI pointed out that it has no expertise in maintaining the living heritage aspect of Mahabodhi Temple since their proficiency is focused on monument conservation. Regarding improvement of existing Site Management procedures, the pragmatic approach was taken of strengthening and building up existing mechanisms and working within legal framework already in place through the State of Bihar in order to achieve quicker results rather than going through the time-consuming process of introducing new management mechanisms and legal framework required by the change of status to National Monument listing.

Due to its presence in the BTMC Expert Advisory Committee, the State of Bihar authorities are directly involved with the Mahabodhi Temple issues, with its existing budget and technical resources, the State of Bihar can respond more quickly to the conservation needs without having to respond to another layer of bureaucracy that would be brought about by National Monument listing. Discussed during consultation with BTMC, State Government of Bihar, and ASI were the following:

BTMC remains in charge of Mahabodhi Temple Complex as mandated and empowered by the Bodh Gaya Temple Act of 1949.

The Expert Advisory Committee Chaired by the District Magistrate provides the direct link with the State Government of Bihar, who therefore will always be aware of and be able to assist in all issues regarding Mahabodhi Temple.

The Chief Secretary of the State Government committed to strengthening BTMC conservation capacity, and providing conservation assistance through linking BTMC with technical personnel, conservation programs, and resources presently available in the State Government.

State Government of Bihar committed to increase its direct participation in Mahabodhi Temple and the Bodh Gaya Buffer Zone through inclusion of all planning and infrastructure requirements needed to protect the heritage values in the Development Plan being prepared by the Department of Urban Development.

Infrastructure and other requirements such as sanitation, shall be coursed through the appropriate Departments within the State Government for implementation; furthermore, the infrastructure needs of Bodh Gaya shall from now on be included in State planning and budgetary priorities for implementation by the appropriate department of the State Government.

Heritage and conservation requirements of Mahabodhi Temple will be coursed for implementation through the State Department of Culture whose technical expertise and budget shall be made available for approved projects.

ASI may be called upon by BTMC whenever needed to undertake specific conservation projects on an “as and when required” status following their present arrangement.

It was agreed that State level legal and conservation protection for Mahabodhi Temple is more practical and expedient since adequate technical expertise can be provided by the State Government which is directly linked to BTMC through its representative’s Chairmanship of the Expert Advisory Council. Therefore elevation of Mahabodhi Temple to National Monument status is not necessary.

 5. CONCLUSIONS AND RECOMMENDATIONS

Having examined the state of conservation of the World Heritage property of Mahabodhi Temple Complex ad Bodh Gaya, as well as the institutional and legal framework within which the property is conserved and managed, the mission concluded that the State Party of India have made efforts to respond to the concerns expressed and requests by the World Heritage Committee. The mission, however noted that a number of important conservation and management issues remain to be addressed to ensure a better protection and management of the World Heritage property and its buffer zone.

In general terms, the Mahabodhi Temple Complex at Bodh Gaya World Heritage property appears to be retaining its Outstanding Universal Value. The Temple compound seems to be large enough to physically accommodate the day-to-day small changes that have occurred so far from the religious activities. Regular maintenance work and restorations being carried out, while demonstrating the State Party and Site Management Authority’s strong and positive intention to preserve the property, nevertheless further enhancement is required to ensure the authenticity and the integrity of the property is retained.

The mission would nevertheless underline the conservation issues for the property from a broader context in view of the proposed extension of the property by the State Party as a Cultural Landscape. A strategic vision for the protection and management of the property as a living heritage site is needed to ensure a value-based approach for urban and rural planning, heritage protection and management. The mission witnessed some of the infrastructure development projects around the property, which were being implemented at a fast pace, and noted with some concern, for the potential pipeline development projects under discussion and/or planning.

The Mission’s findings have resulted in the following concluding recommendations. These recommendations have been based on the assessment of the degree to which the State Party has addressed the conservation issues identified by the World Heritage Committee, as well as other general policy directions and observations:

Concluding Recommendation concerning a strategic vision

5.1 A shared, balanced vision is required, which integrates heritage conservation and community development needs for the short and longer term. Considering the future extension of the World Heritage property to include other component parts in the Cultural Landscape, a co-ordinated long term vision for the conservation and management of Bogh Gaya as a living heritage site needs to be elaborated through meaningful stakeholder consultation, where a holistic values-based approach on urban and rural development and World Heritage protection and management is adopted by all concerned, especially the citizens and religious communities of Bodh Gaya.

Concluding Recommendation on property boundary and Buffer Zone

5.2. As discussed and agreed by the Chief Secretary and his staff during the discussions, a new holistic approach with planning authorities and relevant stakeholders are required to commence work who will initially work with existing Boundaries of the property and define a Buffer Zone for the property. The overall management of the World Heritage property will be integrated into the planning process. This should therefore address some of the following issues with regard to boundaries and Buffer

Zone: a) Redefinition of boundaries with stakeholder consultations for greater understanding and participation for all parties to jointly determine all requirements within Buffer

Zone; b) to reverse the misconception that World Heritage is restrictive, introduce a proactive vision of World Heritage and c) Necessary regulatory measures for the Buffer Zone should be established and implemented as a matter of priority. Based on the new Buffer Zone and considering the existing boundaries, Management Plan should be revised. If necessary, as stated by the Chief Secretary, action can be taken to strengthen the provisions of the BTMC Act to provide more power.

Regional planning authorities should revisit their plans based on the new boundaries and the Management plan with a view to help maintain the Outstanding Universal Value, to reduce any future pressures, to facilitate the pilgrims and to bring benefits of the place to the local community.

It was agreed that Buffer Zone planning will be undertaken under the lead of the Bihar State Development Commissioner’s Office who will conduct consultations with all stakeholders to achieve a shared sense of strategic direction among all parties.

The revised plan is to be submitted by November 2011 to ASI in the framework ofthe on-going second cycle of Periodic Reporting for Asia and the Pacific region.

 

Concluding Recommendation on Management Planning

5.3 Based on the Management Plan and also the revised regional development plan, establish more amenities, introduce other attractions within the Buffer Zone to diffuse heavy pilgrim load on Mahabodhi Temple, especially during festival periods. Also measures need to be taken to improve facilities and amenities (lodging, food, transportation, etc) for pilgrims at all levels. 

5.4 As part of the Management planning process, conduct a year long study of the patterns of pilgrimages to understand pressures, if any, at any given time that can affect the Outstanding Universal Value of the property and to develop strategies to mitigate them Re-nominating the property as a Cultural Landscape

5.5 In fact, the present urban congestion prevent the consolidation of the large area around Mahabodhi Temple as a Buddhist Cultural Landscape to be nominated for World Heritage listing. However, a serial nomination where a number of sites associated with the Lord Buddha is a more feasible approach. Moreover, the Cultural Landscape nomination is not in the priorities of the State Government of Bihar authorities whose focus is to improve infrastructure in Bodh Gaya and to complete the planning of the Buffer Zone.

Therefore, the proposal of re-nominating the property as a Cultural Landscape could be left to the national authorities for further studies and future actions.

5.6 It appears that greater emphasis on coordination and communication between amongst different stakeholders, including the religious community is lacking. A clearer understanding on the requirements for World Heritage protection and management should be ensured while putting forward management structure for the property. Strengthening the BTMC expertise on the understanding of the OUV and the means and ways to maintain it would be essential. At the same time, ASI could have a regular liaising with the BTMC and its Expert Committee on Conservation. BTMC can be encouraged to apply for International assistance through the World Heritage Fund.

5.7 Enhance, particularly at municipal/Panchayat level in Bodh Gaya, awareness building in relation to World Heritage conservation processes, internationally recognized conservation standards and procedures, as well as timely information dissemination to the general public and citizens. There is a need to improve ways of information sharing and communication on conservation programmes and the World

Heritage property through better publicity and other promotional activities on the importance of this sacred World Heritage site

Enhancing the Management system, public communication and outreach

5.8 The BTMC deserves commendation for the good overall state of conservation of Mahabodhi Temple that is under its direction by virtue of the Bodh Gaya Temple Act of 1949. ASI has likewise done well in maintaining the temple. Although adequate measures have been taken by BTMC to decongest pilgrim traffic centered at the main Temple and Bodhi Tree by providing dispersal areas within the limited area of the complex, management of the extreme number of pilgrim arrivals during festivals held at special times of the year is difficult. Providing secondary pilgrimage destinations located in the Buffer Zone will help to further disperse pilgrims and to ease heavy visitor pressure on Mahabodhi Temple and the Bodhi Tree.

 

The ex-officio appointment of the District Magistrate of Bodh Gaya as Member of the Expert Advisory Committee and BTMC Chairman establishes close links with the State Government of Bihar whose Chief Secretary pledged his full support to maintain the property’s OUV through establishing a unified approach in aligning all State programs, budgets, and projects with the needs of Mahabodhi Temple, pilgrims, and the Bodh Gaya stakeholder community

 

Concluding recommendation on legal provision for the protection of the site

5.9 In consultation with BTMC, the State Government of Bihar, and ASI led to the commitment by the State Government of Bihar to act on the requests of BTMC and Bodh Gaya authorities, to provide all conservation and maintenance measures for the property. The State of Bihar has the necessary legal instruments to intervene and assist Mahabodhi Temple exists through the Bodh Gaya Temple Act of 1949. This is currently running well. 

The declaration of Mahabodhi Temple as a National Monument required the establishment of a new set of legal framework that transfers authority to the national government. However, should Mahabodhi Temple be transferred to National Monument status, the mandate transfers all management to ASI, a responsibility that ASI officials indicated they are significantly under resourced to assume a leading role. ASI suggested that it would be best to continue the present arrangement of BTMC contracting ASI for specific conservation services on an “as and when required” basis. Under such an arrangement, BTMC, as a paying client of ASI, does not fall into the national budget queue for ASI services. Furthermore ASI pointed out that it has no expertise in maintaining the living heritage aspect of Mahabodhi Temple. In regard, to the improvement of the existing Site Management procedures, the pragmatic approach was taken to strengthen and build up existing mechanisms and work within the legal framework already put into place through the State of Bihar. To ensure more satisfactory results rather than going through the time-consuming process of introducing new management mechanisms and legal framework required by the change of status to National Monument listing.

Concluding Recommendations for capacity-building and training

5.10 UNESCO Office in New Delhi, UNESCO World Heritage Centre, ICOMOS and, ICCROM will fully support the relevant Indian authorities and BTMC for the organization of training activities to upgrade and enhance capacity of the professionals and policy makers responsible for the protection of the World Heritage property and its surrounding area. Such training could include urban planning issues for living World Heritage sites, a refresher course on international conservation norms could possibly take place at national level with the support of UNESCO New Delhi or ICOMOS India.

General concluding recommendations

5.11 In general terms, and despite some negative incidents and development pressures, the World Heritage property of Mahabodhi Temple at Godh Gaya has remained itsauthenticity and integrity. It may therefore be concluded that the Outstanding Universal Value of the property is still being maintained by the State Party of India.

The property should remain on the World Heritage List, while the State Party is strongly urged to take effective steps to enhance co-ordination through existing institutional frameworks in the national and State Governments to mitigate any future threats which may arise through urban and rural development planned and implemented without consideration of the living heritage site’s needs.

Information awareness raising, capacity building, outreach in the decision making process are also strongly recommended as present insufficient levels of these three issues have resulted in unfortunate misunderstanding between stakeholders and the general public, including local citizens, loss of financial resources, as well as negative impact on the World Heritage property

 

ANNEXES

 

Annex I: Terms of Reference

Reactive Monitoring Mission to Mahabodhi Temple Complex at

Bodh Gaya, India (21-27 February 2011)

In accordance to Decision 34 COM 7B.70 made by World Heritage Committee at its 34th session (Brasilia, July 2010), the joint UNESCO/ICOMOS/ICCROM reactive monitoring mission should carry out the following tasks:

Assess the state of conservation of the property and the progress made at the site to the date, by both national and local authorities, in the implementation of corrective measures.

Hold consultations with Indian authorities and the Bodhgaya Temple Management Committee (BTMC) to clarify the feasibility and possible modalities of implementation of the committee recommendations;

 

Hold consultation with the relevant authorities to consider re-nominating the property as a cultural landscape, as already suggested at its 31st session (Christchurch, 2007), to enhance the Outstanding Universal Value and protect the character of the important landscape directly associated with both the life and wanderings of Buddha and the inscribed Mahabodhi Temple site;

Evaluate the functionality and sustainability of the management system and decision making mechanisms for the property, including management agencies at the provincial and municipal level;

Explore the possibility of improving the legal protection of the property by declaring the property a national monument;

Examine the progress made in the implementation of previous decisions of the World Heritage Committee, e.g. 31 COM 7B.82, 30 COM 7B.64 and 29 COM 7B.52

On the basis of the foregoing findings and in close cooperation with ASI, make recommendations to the Government of the India and the World Heritage Committee for the future conservation and management of the Property;

Prepare a joint report incorporating the above findings and recommendations of the Reactive Monitoring Mission for review by the World Heritage Committee at its 36th session. The report should follow the attached format and should be submitted to the Extract from the Decision adopted at the 34th session of the World Heritage Committee (Brasília, 2010)

Mahabodhi Temple Complex at Bodh Gaya (India) (C1056 rev)

Decision: 34 COM 7B.70

The World Heritage Committee,

8. Having examined Document WHC-10/34.COM/7B,

9. Recalling Decision 31 COM 7B.82, adopted at its 31st session (Christchurch, 2007),

10. Notes with satisfaction that the State Party has confirmed that all development activities coming within the approved “Vision 2005-2031 Development Plan” are being guided by the provisions of the Site Management Plan for the property and encourages the State Party to continue the implementation of the Site Management Plan and the Development Plan 2005-2031;

11. Reiterates its request to the State Party to consider re-nominating the property as a cultural landscape, as already suggested at its 31st session (Christchurch, 2007), to enhance the Outstanding Universal Value and protect the character of the important landscape directly associated with both the life and wanderings of Buddha and the inscribed Mahabodhi Temple site;

12. Requests the State Party to explore the possibility of improving the legal protection of the property by declaring the property a national monument;

13. Also requests the State Party to invite a joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission to the property in 2011 with the aim of discussing with the State Party and the Bodhgaya Temple Management Committee (BTMC) the progress made at the site to date, as well as to clarify the feasibility and possible modalities of implementation of the above recommendations;

14. Further requests the State Party to submit to the World Heritage Centre on 1 February 2012 an updated report on the state of conservation and progress made in responding to the requests made above, for examination by the World Heritage Committee at its 36th session in 2012.

 

Annex II: Itinerary and programme of the mission

Reactive Monitoring Mission Schedule

21st Feb 2011 Arrival of Experts in Delhi

22nd Feb 2011 DAY 1: Briefing Meeting at ASI Headquarters

Morning

10:00 AM – 11:30 AM Meeting with ASI Officials at the ASI Headquarters, Janpath,

New Delhi

Agenda:

1. Assess the state of conservation of the property and the progress made at the site to the date, by both national authorities in the implementation of corrective measures.

2. Hold consultations with national authorities to clarify the feasibility and possible modalities of implementation of the committee recommendations;

3. Hold consultation with the national authorities to consider re-nominating the property as a cultural landscape;

4. The possibility of improving the legal protection of the property by declaring the property a national monument;

5. The progress made in the implementation of previous decisions of the World Heritage Committee;

6. To get updated on the progress made by the State Party on the implementation of the Management Plan. 

Participants:

1. Dr Gautam Sengupta, DG ASI (availability status to be confirmed)

2. Mr Praveen Srivastava, ADG, ASI

3. Dr B R Mani, Joint Director General, ASI

4. Mr Janhwij Sharma, Director Conservation, ASI

5. Mr Feng JING, WHC

6. Mr Gamini Wijesuriya, ICCROM

7. Mr Augusto Villalon, ICOMOS

8. Mr Armoogum Parsuramen, Director UNESCO Delhi

9. Mr Takahiko Makino, Programme Specialist Culture

10. Ms Paromita Desarkar, Project Manager, Culture

11. Dr R K Safaya, Housing And Urban Development Corporation Ltd

 

11:30 AM – 12:30 PM Lunch

12:30 PM Departure for Airport

2:40 PM Departure for Bodhgaya

4:10 PM Arrival at Patna Airport (Secretary, BTMC and Superintendent Archaeologist, ASI, Patna Circle will receive the delegates)

6: 00 PM Arrival Bodh Gaya and proceed to Hotel Royal Residency,

23 Feb 2011: DAY 2: Site Visit (Temple Complex) and Stakeholder Meetings, Bodh Gaya

9:30 AM- 12:00 Noon. Site Visit to the WH Bodh Gaya Temple Complex

12: 00 Noon. Return to Hotel Royal Residency.

1:00 PM – 2:00 PM Lunch at hotel.

3:00 PM – 6 PM Stakeholder meeting

 Agenda:

1. Assess the state of conservation of the property and the progress made at the site to the date by local authorities in the implementation of corrective measures;

2. Hold consultations with authorities to clarify the feasibility and possible modalities of implementation of the committee recommendations;

3. Hold consultation with the authorities to consider re nominating the property as a cultural landscape;

4. The possibility of improving the legal protection of the property by declaring the property a national monument;

5. The progress made in the implementation of previous decisions of the World Heritage Committee;

6. To get updated on the progress made by the State Party on the implementation of the Management Plan for the property.

Participants:

– Mr Feng JING, WHC

-Mr Gamini Wijesuriya, ICCROM

-Mr Augusto Villalon, ICOMOS

-Mr Takahiko Makino, Programme Specialist Culture

-Mr. Janhwij Sharma, Director, Conservation & World Heritage, ASI.

-Mr. S.K. Manjul, Superintendent Archeologist, ASI Patna Circle Office.

-Mrs. Radhika Dhumal, ASI, Delhi.

-Ms. Bandana Preyashi, District Magistrate, Gaya cum Chairman, BTMC.

-Mr. Nangzey Dorjee, Member Secretary, BTMC.

-Ven. Arya Nagarjun Surei Sasari, Member, BTMC

-Ven. Bhadant Gyaneshwar Mahathera, Member, BTMC.

-Shri Mahanth Sri Sudarshan Giri, Mahant, Member, BTMC.

-Dr. (Smt) Kumud Verma, Member, BTMC.

-Dr. (Smt.) Mahashweta Maharathi, Member, BTMC.

-Dr. Radhakrishna Mishra, Member, BTMC.

-Dr. Arvind Kumar Singh, Member, BTMC.

-Ven. Bhikkhu Chalinda, Chief Monk, Mahabodhi Temple.

-Shri Rai Madan Kishore, (Special invitee).

-Shri Sohaib Ahmed, ADM, Gaya.

-Shri Dharmendra Thakur, Commissioner, Nagar Nigam, Gaya.

6:00 -6:45 P.M. Multimedia Film show on Life of Buddha and Mahabodhi

6:45 P.M. Return to Hotel.

24 February 2011 DAY 3: Site Visit and Stakeholder Meeting, Bodh Gaya

9:30 AM- 1:00 PM Site Visit: Around the Core and Buffer areas of the Temple complex.

1:00 PM – 2:00 PM Lunch

3:00 PM – 6 PM Stakeholder Meeting

Agenda:

1. Assess the state of conservation and management of the site and the progress made at the site to the date by local authorities in the implementation of corrective measures;

– Concerns of the core and buffer zone around the inscribed property including encroachments, impact of increased visitor flow to the site etc.

– Current status of Master Plan, Zonal and City Planning for the Core and Buffer areas and its impact on the World Heritage Site and the overall Cultural landscape.

– Status of the implementation of the development control rules and regulations and other provisions of the Site Management Plan into the Development Plan

2. Continued consultation with the authorities to consider renominating the property as a cultural landscape; as already suggested at its 31st session (Christchurch, 2007), to enhance the Outstanding Universal Value and protect the character of the important landscape directly associated with both the life and wanderings of Buddha and the inscribed Mahabodhi Temple site;

3. Issues involving legal protection of the property, its core and buffer areas;

4. Evaluate the functionality and sustainability of the management system and decision-making mechanisms for the property and its core and buffer, including management agencies at the provincial and municipal level;

5. Examine the progress made in the implementation of previous decisions of the World Heritage Committee, e.g. 31 COM 7B.82, 30 COM 7B.64 and 29 COM 7B.52

 Participants:

-Mr Feng JING, WHC

-Mr Gamini Wijesuriya, ICCROM

-Mr Augusto Villalon, ICOMOS

-Mr Takahiko Makino, Programme Specialist Culture

-Mr. Janhwij Sharma, Director, Conservation & World Heritage, ASI.

-Mrs. Radhika Dhumal, Consultant Conservation Architect, ASI, Delhi

-Mr. S.K. Manjul, Superintendent Archeologist, ASI Patna Circle Office.

-Mrs. Radhika Dhumal, ASI, Delhi.

-Ms. Bandana Preyashi, District Magistrate, Gaya cum Chairman, BTMC.

-Mr. Nangzey Dorjee, Member Secretary, BTMC.

-Ven. Arya Nagarjun Surei Sasari, Member, BTMC

-Ven. Bhadant Gyaneshwar Mahathera, Member, BTMC.

-Shri Mahanth Sri Sudarshan Giri, Mahant, Member, BTMC.

-Dr. (Smt) Kumud Verma, Member, BTMC.

-Dr. (Smt.) Mahashweta Maharathi, Member, BTMC.

-Dr. Radhakrishna Mishra, Member, BTMC.

-Dr. Arvind Kumar Singh, Member, BTMC.

-Ven. Bhikkhu Chalinda, Chief Monk, Mahabodhi Temple.

-Shri Sohaib Ahmed, ADM, Gaya.

-Shri Dharmendra Thakur, Commissioner, Nagar Nigam, Gaya.

-Smt. Preeti Singh, Chairperson, Nagar Panchayat, Bodhgaya.

-Shri. Dinesh Singh, Vice Chairman, Nagar Panchayat, Bodhgaya,

-Shri Sushil Kumar Mishra, Executive Officer, Nagar Panchayat.

-Shri Janardhan Prasad, Circle Officer, Bodhgaya,

-Ven. Tenzin Lama, President, International Buddhist Council, (IBC) Bodhgaya

-Ven. Aniruddha Thera, Ex President, IBC.

-Ven. Bikkhu Pragyadeep, Executive Member, IBC

-Shri. Kiran Lama, Executive Member, IBC

-Shri Sanjay Singh, President, Hotel Association, Bodhgaya.

-Mr. Ratnamani Sanjeev, City S.P., Gaya

6:00 PM Meeting with the Commissioner at his residence

7:00 PM Return to Hotel

8: 00 PM Dinner by BTMC in honour of UNESCO World Heritage delegates.

 

25 Feb 2011 DAY 4: Final Debriefing meeting with various Stakeholders

8:30 AM – 11:30 AM Travel to Patna by Road

12:00 AM- 01:00 PM Meeting with Chief Secretary, Government of Bihar

Agenda:

1. To present and discuss currents situation of the World heritage Site of Bodh Gaya and seek the State Government’s support to address issues and concerns of the site and its potential re-nomination as a ‘Cultural

Landscape’.

Participants:

1. Principal Secretary, Home Department, Government of Bihar.

2. Principal Secretary, Department of Tourism, Government of Bihar.

3. Principal Secretary, Department of Culture, Government of Bihar.

4. Principal Secretary, Department of Urban Development, Government of Bihar.

5. Mr Jing Feng, WHC

6. Mr Gamini Wijesuriya, ICCROM

7. Mr Augusto Villalon, ICOMOS

8. Mr Takahiko Makino, Programme Specialist Culture

9. Mr. Janhwij Sharma, Director, Conservation & World Heritage, ASI.

10. Mr. S.K. Manjul, Superintendent Archoelogist, ASI Patna Circle Office

11. Mrs. Radhika Dhumal, Consultant Conservation Architect, ASI, Delhi

12. Ms. Bandana Preyashi, District Magistrate, Gaya cum Chairperson, BTMC.

13. Mr. Nangzey Dorjee, Member Secretary, BTMC..

26 Feb 2011 DAY 5: Internal Working Meeting in UNESCO New Delhi Office

27 Feb 2011 Departure from Delhi

28 Feb 2011 Feng JING meeting with DG ASI

1:00 PM – 2:00 PM Lunch at Hotel Maurya, Patna

4:40 PM Departure from Patna to Delhi

 Annex III: Compositon of the mission team

The Joint UNESCO WHC/ICOMOS/ICCROM Reactive Monitoring Mission was carried out to Mahabodhi Temple Complex at Bodh Gaya (Indoa) from 21 to 27 February 2011. The mission team is composed of the following persons:

1. Mr Feng JING, Chief a.i, Asia and the Pacific Section, UNESCO World Heritage Centre (Paris, France); 

2. Mr Augusto Villalon, Conservation Architect, representing the International Council on Monuments and Sites (ICOMOS International);

3. Dr Gamini Wijesuriya, Project Manager of Site Unit, the International Centre for the Study of the Preservation and Restoration of Cultural Property (ICCROM, Rome, Italy)

4. Mr Tahakiko Makino, Programme Specialist for Culture, UNESCO Office in New Delhi, Indi

 

REPORT 2012 … http://whc.unesco.org/en/soc/251

State of Conservation (SOC)

Mahabodhi Temple Complex at Bodh Gaya

Factors* affecting the property identified in previous reports

a) Lack of co-ordinated and integrated management system;

b) Loss of character of the cultural landscape directly associated with the property and its outstanding universal value;

c) Lack of protection under national legislation.

Current conservation issues

From 21 to 27 February 2011 a joint World Heritage Centre/ICCROM/ICOMOS monitoring mission visited the property, as requested by the World Heritage Committee at its 34th session (Brasilia, 2010). The mission report and its recommendations are available online: http://whc.unesco.org/en/sessions/36COM/.

A report on the state of conservation was provided by the State Party on 1 February 2012. This report addresses the continuing efforts towards the definition of a buffer zone, and improvement of management cooperation, in particular with regard to pilgrim management and protection of the landscape setting. It further discusses the Committee’s requests to re-nominate the property as a cultural landscape and to increase its legal protection by listing it as a national monument.

a) State of Conservation of the property, in particular the Bodhi Tree

The State Party reports that the overall state of conservation of the property is satisfactory and that the Bodhi Tree had been attested as sound and healthy, following the latest report of the Forest Research Institute, Dehradun, India,in January 2012. The joint World Heritage Centre/ICCROM/ICOMOS monitoring mission equally confirmed the satisfactory overall state of conservation and commended the State Party for its efforts, but at the same time also noted that the landscape setting remains vulnerable.

b) Buffer zone, setting and re-nomination of the property as a cultural landscape

Following the report of the State Party, the potential re-nomination of the property as a cultural landscape caused difficulties, predominantly as a result of the immense development pressure in the broader urban and rural setting. The State Party therefore proposes to further study the possibility of extending the property as a serial site, to include several other sites associated to the life of the Lord Buddha.

The joint World Heritage Centre/ICCROM/ICOMOS mission shared the concerns of the State Party with regard to a potential re-nomination as a cultural landscape and recommended adopting a two step approach. As the first step, the State Party would, on the basis of the present boundaries of the property, define an appropriate buffer zone and establish regulations for its protection as a matter of priority. Following this, further investigations concerning the feasibility of a serial extension to the property would be conducted, aimed at conceptualizing this serial approach as an additional means of wider landscape protection.

The World Heritage Centre and the Advisory Bodies recommend that the World Heritage Committee consider this approach, but note that once the boundaries for the new buffer zone are established, strict development regulations would need to be established and regional development plans would need to be revisited. They further recommend conducting capacity-building activities for all local stakeholders aimed at raising awareness for World Heritage management requirements and reversing the apparent misconception that World Heritage status is an obstacle to local development.

c) Site and visitor management

The Bodhgaya Temple Management Committee (BTMC) is the responsible authority for the site management, and it works in close cooperation with the Archaeological Survey of India (ASI) whenever necessary. The State Party report outlines that the central management concern is visitor pressures from the steadily growing number of pilgrims. In a recent peak, the property was visited by more than 300,000 pilgrims within a mere 15 days on the occasion of the Kalachakra Initiation held at the beginning of 2012.

The February 2011 World Heritage Centre/ICOMOS/ICCROM monitoring mission recommended that the State Party conduct a one-year study of pilgrimage patterns and visitor behavior to better understand the pressures and develop possible mitigation strategies. From this study, a comprehensive pilgrim management strategy should be developed.

d) Improving legal protection at the national level

As discussed with the State Party during the February 2011 mission and following a careful analysis of the pros and cons of a legal protection as a national monument, the State Party requested to retain the property’s special legal status, which is protected under the Bodhgaya Temple Act of 1949. The World Heritage Centre and the Advisory Bodies consider that the current management coordination by the BTMC and its cooperation with the ASI and the State Government of Bihar on the basis of this Act are indeed successful. They further accept the position that the status of a national monument would cause legal and financial obstacles to the use and function of the temple as a living pilgrimage site. The World Heritage Centre and the Advisory Bodies therefore support the pragmatic approach currently applied and suggest to strengthen and build up existing mechanisms and work within the legal framework already put into place through the State Government of Bihar so as to provide BTMC formalized status within the strategic management framework and Management Plan of the property.  

Analysis and Conclusion

The World Heritage Centre and the Advisory Bodies commend the State Party for the efforts made and the satisfactory state of conservation of the property, including the sacred Bodhi Tree. They concur with the recommendations of the February 2011 mission that the landscape setting is still vulnerable and requires urgent protection through a balanced vision which integrates the requirements of conservation, pilgrimage and community development, and through the formal designation of an adequate buffer zone for the immediate setting as well as adequate protective regulations for the proposed buffer zone as a matter of priority.

As a mid-term strategy, a serial extension of the property to include other sites with outstanding associations to the life of the Lord Buddha could be envisaged. Based on the established buffer zone, the Management Plan and the regional development plans need to be revised. They would suggest that the State Party take effective steps to enhance coordination through existing institutional frameworks in the national and State governments to mitigate any future threats which may arise through uncontrolled or unplanned urban and rural development that may affect the property’s Outstanding Universal Value. The World Heritage Centre and the Advisory Bodies support the pragmatic approach currently applied by the Bodhgaya Temple Management Committee (BTMC) to retain the property’s special legal status, which is protected under the Bodhgaya Temple Act of 1949. Meanwhile, they recommend the State Party to conduct capacity-building activities for all local stakeholders concerned to raise awareness for World Heritage management requirements. The World Heritage Centre and the Advisory Bodies further recommend conducting a study on pilgrimage patterns to identify the most significant pressures and develop mitigation strategies. 

 

Decision
36COM7B.61

The World Heritage Committee,

1.   Having examined Document WHC-12/36.COM/7B,

2.   Recalling Decision 34 COM 7B.70, adopted at its 34th session (Brasilia, 2010),

3.   Acknowledges the efforts made by the State Party to address the conservation issues at the property; and notesthe pragmatic approach currently applied by the Bodhgaya Temple Management Committee (BTMC) to retain its special legal status, under the Bodhgaya Temple Act of 1949;

4.   Also notes the results of the February 2011 joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission, endorses its recommendations on the satisfactory condition of the property, including the sacred Bodhi Tree, and requests the State Party to:

a)  Ensure urgent protection of the vulnerable setting and the wider landscape through a balanced vision, which integrates conservation, pilgrimage and community development,

b)  Formally designate an adequate buffer zone for the immediate setting of the property and appropriate protection for the wider landscape,

c)  Identify, in consultation with the World Heritage Centre and the Advisory Bodies a two-step approach, firstly, an adequate buffer zone for the protection of the immediate setting as well as a regulatory framework for the protection of the wider  landscape, following as second step, a serial extension of the property to include other sites with outstanding associations to the life of Lord Buddha,

d)  Revise the Management Plan and the regional development plan in light of the proposed buffer zone boundaries and regulations; and conduct a study of pilgrimage patterns and visitor behaviour to identify the most significant pressures and develop, on this basis, a comprehensive visitor/pilgrims management strategy,

e)  Undertake capacity-building activities for all local stakeholders concerned to raise awareness of World Heritage management requirements;

5.   Encourages the State Party to submit the designated buffer zone as a minor boundary modification;

6.   Also requests the State Party to submit to the World Heritage Centre, by 1 February 2014, a report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 38th session in 2014.

 

AGAIN ANOTHER AT 2012 …. http://whc.unesco.org/en/decisions/4722

Committee Decisions

36 COM 7B.61

Mahabodhi Temple Complex at Bodh Gaya (India) (C1056 rev)

The World Heritage Committee,

1.   Having examined Document WHC-12/36.COM/7B,

2.   Recalling Decision 34 COM 7B.70, adopted at its 34th session (Brasilia, 2010),

3.   Acknowledges the efforts made by the State Party to address the conservation issues at the property; and notes the pragmatic approach currently applied by the Bodhgaya Temple Management Committee (BTMC) to retain its special legal status, under the Bodhgaya Temple Act of 1949;

4.   Also notes the results of the February 2011 joint World Heritage Centre/ICOMOS/ICCROM reactive monitoring mission, endorses its recommendations on the satisfactory condition of the property, including the sacred Bodhi Tree, and requests the State Party to:

a)  Ensure urgent protection of the vulnerable setting and the wider landscape through a balanced vision, which integrates conservation, pilgrimage and community development,

b)  Formally designate an adequate buffer zone for the immediate setting of the property and appropriate protection for the wider landscape,

c)  Identify, in consultation with the World Heritage Centre and the Advisory Bodies a two-step approach, firstly, an adequate buffer zone for the protection of the immediate setting as well as a regulatory framework for the protection of the wider  landscape, following as second step, a serial extension of the property to include other sites with outstanding associations to the life of Lord Buddha,

d)  Revise the Management Plan and the regional development plan in light of the proposed buffer zone boundaries and regulations; and conduct a study of pilgrimage patterns and visitor behaviour to identify the most significant pressures and develop, on this basis, a comprehensive visitor/pilgrims management strategy,

e)  Undertake capacity-building activities for all local stakeholders concerned to raise awareness of World Heritage management requirements;

5.   Encourages the State Party to submit the designated buffer zone as a minor boundary modification;

6.   Also requests the State Party to submit to the World Heritage Centre, by 1 February 2014, a report on the state of conservation of the property and the implementation of the above, for examination by the World Heritage Committee at its 38th session in 2014.

 

REPORT OF 2013 .. http://whc.unesco.org/en/decisions/4964

LORD BUDDHA IS BURNING THE DEVILES

28 Feb

Kamina 1 THE MEDIA AND POLICE PLAYED GAME WITH NATIONAL INVESTIGATING TEAM TO DRAG MY NAME IN THE MAHABODHI TEMPLE BOMB BLAST

bodhgaya f.i.r. THE FAKE F.I.R FABRICATED AGAINST ME BY THE CULPRITES

 

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THE ABOVE CULPRITS FABRICATED TWO FALSES AGAINST ME

 

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THE ABOVE CULPRITS ARE THE MAIN CULPRITS OF THE WHOLE GAME

Dear Brothers & Sisters my only fault is I took up the Mahabodhi Temple Corruption issue from the year 2007 and I filed a complaint case no. is 850 / 2007 at Gaya District Court for cutting of Holy Bodhi Tree. When the Holy Bodhi Tree Cut Off issue spread all over the world in the year 2006 then the Bureaucrats of State Government Bihar did their best to suppress the news and they were successful but in the year 2007 I am alone singlehandedly proved that in real manner it was cut off in the year 2006 and the Forest Research Institute, Dehradun endorse their finding in this issue at 2007 and then Chief Minister Mr. Nitish Kumar has no option except accepting the truth publicly. The Bureaucrats were determined to teach me a lesson and they started mental torture, no complain of mine ever hard by the district administration till today. I was attacked physically 7 times in between 2005 to 2009 and when I took the path of Law then all administrative people are now hiding under the table. I got a name from the people that ” Lord of the Hell ” LOL. Dear brothers and sisters even after the direction of the National Human Rights Commission of India these bloody corrupt Bureaucrats were deaf and blind only to teach me a lesson. LORD BUDDHA IS WITH ME SO NO ONE CAN DO ANY THING TO ME THAT IS INNER SOUL SAID.

I took up the monetary corruption issue of Mahabodhi Temple with the temple management and government of Bihar then the asses of Bureaucrats started burning like hell. The District Administration of Gaya determined more after defeated in my hand 5 time in the year 2012 in different social issues. I burn the EGO of Bureaucrats ruthlessly to make them understand that they are public servant but not the boss of the public. They can’t digest that a road side Monk Arup Bramhachari can teach them so badly lessons and that is why they are buring like hell LOL. They thinks that we the poor Indians are beggars so we have no rights to talk against them. My 200 letters about Mahabodhi Temple Corruptions and evidence they put into dustbin and to humiliate me they drag my name in the Mahabodhi Temple Bomb Blast. They tied-up with local media persons to dilute my reputation in the society by publishing fake reports which you can see links from article “ About Me ”. I pasted the history of case no. 2309 / 2013 here from where you can know how they tortured me and photos of the culprits. Lord is Lord and HE never do injustice with people. The result is the Supreme Court of India notice the State Government of Bihar and Centre to answer the issue of Case No. 832 / 2013 but all the culprits is running away from court. It will take little time to catch them because of our bloody system but 100% sure that no one will be forgiven.

NOW READ THE WHOLE CASE HISTORY HOW I AM TORTURED !!!!!!

In
The court of Chief Judicial Magistrate
Civil Court, Gaya

Complaint case no. 2309 / 2013

Name of Complainant:

Arup Bramhachari @ Swamiji, Native Address- S/O Late – Birinchi Pada Sarkar, R/O RathTala, TalBagicha, Kharagpur – 6 , District- Paschim Midnapur, West Bengal

Present Address – Root Institute Road, Narsing asthan, P.S -Bodhagaya, District – gaya – 823001

Name & Address of Accused:

1. Balamurgan D. District Magistrate cum Chairman Bodhgaya temple
managing Committee (BTMC), Gaya-823001

2. Ganesh kumar Ex SSP, Gaya, presently on deputation in intelligence
bureau (IB), North Block Central Secretariat, New Delhi-110001, through Mr. Syed Asif Ibrahim, Director intelligence bureau (IB) North Block Central Secretariat, New Delhi- 110001

3. Rahul kumar Trainee IAS. Ex-executive officer of Bodhgaya Nagar Panchayat., P.S-Bodhgaya, Gaya, through Principal Home Secretary of Bihar, Old secretariat, Patna, Bihar.

4. Suraj deo kumar , inspector Bodhgaya P.S. Bodhagaya Police station,
P.S- Bodhgaya, District – Gaya – 823001

5. T.N.Tiwary, Officer Incharge, Bodhagaya Police station, P.S – Bodhgaya, District – Gaya 823001

6. Rajesh kumar ASI , Bodhgaya Police station, P.S- Bodhgaya, District – Gaya – 823001

7. Madhusudan Prasad , Ex officer incharge Rampur P.S, District-Gaya – 823001

8. Nanje Dorje,S/o Jigme wanchuk, Gangtok, Sikkim, Secretary, Bodhgaya Temple Management Committee, (BTMC), P.S – Bodhgaya, District – Gaya- 823001

9. Jaglal Mishra,S/o Late Ram Prakash mishra, R/O Bakaraur, Bodhagaya, PRO Bodhgaya Temple management committee, (BTMC), P.S – Bodhgaya, District – Gaya – 823001

10. Gajendra kumar@ Bablu kumar, S/O Gautam Singh, R/o Tika bigha, Bodhagaya, Assistant, Bodhgaya Temple Management Committee, (BTMC), P.S-Bodhgaya, District – Gaya – 823001

11. Jay Prakash singh, S/O Ram vichar singh, R/O balapur, P.S- Badhariya, District-Siwan, Presently posted as ASI at Bodhgaya P.S. District-Gaya

12. Bhante Satyanand, S/O Nathilal, R/O 46/312, Bheem nagar, P.S – Jagdishpura, District-Agra, U.P. Present Address – Shakti sharan agrawal, Lakdi koyele ki dukan, Pachahatti, P.S-Bodhgaya, District – Gaya.

5 – 6 persons unknown

Name of Witnesses:

1. Md. Mumtaz Ahemad, S/O Late Haji Mustaj Ali, R/O Ward – Pachatti,
P.S- Bodhgaya, District- Gaya.

2. Ravindra Kumar, S/O Sri Shiv charan vishwakarma , R/O Madrajbigha
delha, P.S-Delha, District- Gaya.

3. Hasimul Haq. S/O Late Aynul Haq, R/O Ward Bodhgaya Bazer, P.S-
Bodhgaya, District- Gaya.

Place of occurrence:

Bodhgaya police station, Rampur Police station, Office of Bodhgaya
Management Committee (BTMC), Bodhgaya, office of District Magistrate, Gaya. P.S-Bodhgaya, P.S-Rampur, district-Gaya

Date & Time of Occurrence: from 22.05.2013, 13.08.2013 to till date.

Offence committed u/s 166A(B) 328, 344, 352, 211, 193, 192, 200,
217,177,194,304/511, 500 of IPC.

The humble complaint petition on behalf of complainant named above.

Most Respectfully Showeth;

1. That the complainant is a monk not connected with any particular
religion. He is fighting against prevailing corruption in bodhgaya.

2. That in short, before proceeding further it would be prudent to illustrate the changes that took place in the life of complainant.

3. That the moment that changed the life of complainant is reproduced
below in his own word:

I am Arup Bramhachari known as Swami Ji in the society. I am a FAKIR ( a kind of Sufism for understanding my way, for people i am using Sufism ). I was in the forest with my master Munna Warsi for 14 years. We believe God is one, Man is one and All Religions are one. We don’t follow any particular Holy Book or any particular master or any sect, better to say ” ISM “. Our practice is LOVE without showing spiritual power to devotees. We generally don’t accept followers because we want quality and if someone accept any one as a devotee then unbelievable exam we took in many years and that is why we are very few in this world. We don’t build up temple because nature is our Temple and generally we lived in hut or open air. In our tradition we are not allowed to cook, beg, keep money for ourselves and not allowed to contact past family except if there is no one to take care of old mom,father or sick brother, sister.

I came to bodhgaya in the year 2005 to show my last respect to lord Buddha. I was a monk of Bharat Sevasharam Sangha at Gaya. After seeing huge corruption in the organization I decided to come out from the Sangha. I have enough time in hand to catch the train to go to Madras ( South India ) to live rest of my life. When I enter in the Holy Mahabodhi Temple and stood in front of Lord Buddha I started crying like a child. An Old German lady with scratch standing behind me and when she put her hand on my back then I started feeling a NUKE power running in my body. She took me out from Mahabodhi Temple and offered me food. We talked deep rooted aspect of spiritual life throughout night ( 14 hours or so from noon ). She was heavenly lady and every year with a hope I wait for her. She asked me to stay in Bodhgaya to serve Lord Buddha and till today I am here. She was not a normal lady and she told me before leaving, that she will come again at the right time.

4. That after the event that is stated above which proved turning point to the life of complainant and after which he decided to live in bodhgaya where he first encountered with the prevailing corruption causing damage to spiritual atmosphere and converting the pious place to mint money. Condition was very worse. Everyone in bodhgaya is either interested to encash the reputation of bodhgaya or to develop this place as tourist destination.

5. That even the state government and Bodhgaya temple management committee ( for brevity referred as to BTMC ) never kept the sanctity of bodhgaya temple and bodhi tree at their priority. Their prime focusis beautify the temple, attract the foreign tourist and to lure themto donate money flout the norms and conditions to preserve thecenturial temple build by Ashoka and the pious Bodhi tree which istreated and regarded as living tree. They provide special treatment tothe influenced foreigner and dignitaries and violate all mandatory requirement meant for preservation of tree and temple.

6. That the complainant first raised issue of cutting of branches ofpious Bodhi tree for very purpose of smuggling and after herculean efforts succeeded to lodge complaint case bearing no. 850/ 2007. Court took cognizance of the case and it is in trial stage pending in the court of SDJM, Gaya bearing Trial no. 504/2013.

7. That the complainant raised issue of changing structure of spire by adding floating leaf donated by Light of Buddhadhamma Foundation International, Berkley, USA run by family of Dr. Richard Dixey, an American.

8. That the Original spire was made by King Ashoka having archaeological value and a change in that spire is an offence under archeological act.

9. That this act was done by BTMC hence they were apprehensive and in order to restrain the complainant from pursue this issue a false case bearing Bodhgaya P.S. Case no. 119/2013 was instituted by accused no. 10 Bhante Satyanand at the behest of the accused no. 2 to 9.

Photocopy of the F.I.R is annexed as annexure 1

10. That the complainant sought ABP in the said case and he was granted ABP.

11. That the complainant was sick, suffering from typhoid and his health condition was very serious but the time granted in ABP formaking surrender in the court of Chief Judicial Magistrate to confirm bail and submit bail bond was one month that was going to be expiredon 16th august 2013 hence on advice of his advocate he surrendered before this court in said case in the light of the order passed in ABP no. 1836 on 13th august 2013. He was enlarged on bail.

12. That the advocate of complainant advised him to obtain surrendercum bail certificate and submit the same to the officer incharge Bodhgaya Police Station. On advice of advocate, complainant reached to the bodhgaya P.S. to submit Surrender cum bail certificate along with one Md. Mumtaz.

13. That the Complainant visited bodhgaya P.S. in the evening of 13th August 2013 at about 6.00 PM to submit surrender cum bail certificate and he was accompanied with one Md. Mumtaz an RTI activist who was bailer also in the case no. 119/2013 and in the presence of Md. Mumtaz incharge of Bodhgaya P.S. Accused no. 4 Mr. T.N. Tiwary detained the accused on the pretext of that he wants to discuss some matter with Complainant. As it was the time of Namaj of Asar ( third prayer ) so Md. Mumtaz told the incharge Mr. T.N Tiwary that it is going to be late for Namaj and he will just come after performing it. When he came back, it was informed that the accused has been forwarded to the Rampur P.S but it was not informed under what circumstances and under which case accused has been forwarded to Rampur P.S.

14. That the accused no.5 officer incharge asked the complainant to sit in his office and thereafter he came out of office and talked to some one on phone. Accused no. 5 informed the complainant to that SSP accused no. 2 wants to see him.

15. That the complainant requested him that his health is not permitting him to move so it would be better if the meeting with SSP accused no. 2 is fix for tomorrow but the officer incharge reluctantly told him that it is important and he has to see the SSP today.

16. That the accused no.5 asked the complainant to board the police vehicle. Two police officers and four constable also boarded in the said vehicles.

17. That the accused no. 4 deliberately selected the longest way toreach Gaya town and while the vehicle was passing through the back of the house of advocate of complainant, he requested the accused no.4 to 6 to let him inform his lawyer but request was turned down.

18. That when the vehicle reached to the residence of SSP and theaccused did not stop there, complainant got suspicious and enquired why you are not stopping here, the accused no. 5 informed him that SSP is sitting at Rampur police station so we are going there.

19. That when police vehicle entered Rampur Police station, complainant again enquired where is the SSP but this time too, accused no. 6 Rajesh kumar told that SSP is conducting raid and he will come soon. Complainant was asked to sit in the office and wait.

20. That the accused no. 4 & 6 stealthily left the Rampur Police station without informing the complainant.

21. That after 10 to 15 minutes, complainant enquired about the accused no. 4 & 6 then he was informed by one police man that they have left and now you sit inside lockup. Complainant protested but was forcefully put up inside lock up which was completely dark, dirty and full of mosquitoes.

22. That the complainant was in severe pain. He requested for medicine. He was repeatedly requesting and was crying for medicine due to unbearable pain and fever.

23. That the complainant was begging for life. He told the accused no. 7 officer incharge Rampur Police station about his health and also informed him that any medical negligence may cost his life but the accused no. 7 threatened him that sit quietly, all these things were not in mind while sending email to the senior officers. They have instructed me to teach you a lesson.

24. That when the health condition of complainant started deteriorating, police men deputed in night informed someone thereafter night patrolling team called a compounder at about 1 AM on 14th august.

25. That the compounder saw the seriousness and was preparing foradminister injection but before that asked from complainant whether hehas taken meal and after getting knowledge that the complainant hasnot taken meal since morning of 13th august, compounder denied toadminister injection giving reason that the injection in empty stomach may dangerous to life.

26. That some medicine was given by compounder but the complainant was not brought out of lock up. No meal was provided.

27. That the complainant was kept inside lock up/Hazat in Rampur P.S.without any F.I.R. He was not even informed about the reason for his arresting and was denied to allow meeting with his advocate.

28. That on 14th august 2013 when the counsel of complainant got information about the detention of the complainant, made call from his mobile no. 8797006594 to the mobile no. 9431822220 of incharge ofRampur P.S. accused no.7 to enquire the matter but the o/c of Rampur shown ignorance about the reason of detention and replied that he does not know in which case complainant has been put up in his P.S. as the complainant has been forwarded by Bodhgaya P.S. so enquire the matter from bodhgaya.

29. That the counsel made a call to bodhgaya incharge on his mobileno. 9431822208, who affirmed detention but did not reveal reason of detention.

30. That at about 10 AM on 14th august counsel made call on mobile no.9431822973 of senior superintendent of Police, Gaya to enquire aboutthe reason for detention and enquired why the person detained has notbeen informed the reason. SSP, replied that some email has been sentto District Magistrate, Gaya that is why complainant has been arrested but he too, did not inform the case number and name of the informant.

31. That the complainant was put up inside lock up of Rampur P.S. andwhen enquiry was made by the counsel of accused from SSP, Gayaregarding case no. at about 10 AM on 14th August, police immediately brought him out from lock up and illegally detained him inside office of Rampur P.S.

32. That the petitioner was brought before court after 4 PM on 14th August and was remanded in judicial custody.

33. That the said case bearing Bodhgaya P.S. Case no. 201/2013 was instituted on the basis of a memo bearing no. 2051/ गो० dated 22.05.2013 Issued by the accused no. 1 District Magistrate, Mr. Balamurugam D and was sent to Bodhgaya police.

34. That the bodhgaya police inquired the matter mentioned in the saidmemo of District Magistrate, and the said F.I.R. was instituted by anASI Jayprakash singh accused no. 11. u/s 186, 384, 501, 506, of IPC & 43, 66 (a) , 67 of IT act.

Photocopy of the F.I.R 201/13 is annexed as annexure 2.

35. That the said F.I.R was instituted at the instruction and in conspiracy hatches by accused no. 1 to 2 and 4 to 11.

36. That the District Magistrate accused no. 1 issued the said memono. 2051 dated 22.05.2013 but did not come forward to institute F.I.Rrather waited for right time to implicate the complainant. The saidmemo was never brought on record either in case diary or at the time of remand of complainant in bodhgaya case no.201/2013.

37. That the accused no. 2 , 4, 5, 6, 7, 8, 9, 10 & 11 conspired andon 13th august 2013, I.O of the case accused no. 4 Suraj deo kumarstarted investigation at about 14.40 ( 2.40 PM) and within the shortspan of 3 hour recorded statement of accused no. 8, 9, 10, 11 & 12but did not record the statement of the accused no. 1 District Magistrate upon whose memo no. 2051 dated 22.05.2013 enquiry in this case was commenced and which was the genesis of the Bodhgaya P.S. Case no. 201/2013. I.O neither visited place of occurrence nor mentioned when and where offence took place.

38. That the complainant was arrested at the eve of 13th august 2013and was produced before this court in the evening of 14th august 2013 but, said diary of Bodhgaya P.S. case no. 201/2013 or any other evidence or documents was not produced by the police as memo of evidence at the time of remand though the case diary produced later inthe court of Additional district & Session judge IV was written only to the date of 14th august 2013, this established that the policewas not having any evidence at the time of remand and the diary was antedated prepared later on for very purpose of giving false evidence for rejection of bail.

39. That the case diary was vital piece of evidence to substantiate the offence alleged to be committed u/s 384 of IPC and 67 of IT act though F.I.R no. 201/2013 of Bodhgaya P.S. was consisting documents of more than 70 pages mostly email, audit report, letter sent by complainant to the higher authorities containing details of corruption prevailing in bodhgaya, photographs, copy of newspapers related to the mismanagement and corruption of Bodhgaya.

40. That the F.I.R of Bodhgaya P.S. case no. 201/2013 was premeditated and all the accused conspired to add the non-bailable section 384 of IPC & 67 of IT act without any material evidence in order to put the complainant behind bar.

41. That the accused no. 2 then SSP, Gaya threaten to the complainant by using word on phone “ Chaliye aapkaa elaz karte hai “ and also instructed accused no. 4 o/c Bodhagaya T.N. Tiwary to teach lesson to the complainant. Officer incharge came to the king press godown beside Ram Guest House, Miya Bigha where complainant in sick condition was lying and seized his lap top as well as mobile on 28.05.2013 the same was handed over to the Rahul kumar Trainee IAS. Ex-executive of Bodhgaya Nagar Panchayat accused no. 3 and accused no. 2. Both made several changes in software of laptop and deleted files.

42. That the complainant made a written complainant to the then SSP explaining all the things but no reply was given by accused no. 2.

Photocopy of the letter sent to accuse no. 2 is annexed as annexure 3.

43. That the accused no.1 Mr. Bala Murugan D intentionally sent accused no.3 Mr. Rahul Kumar the IAS trainee as an executive officer of Bodhgaya Municipality to teach an evil lesson to the complainant for his genuine complain about Mahabodhi Temple corruption to the higher authorities of the government. Their inactiveness against genuine complain of the complainant may cause them punishment under the law. The district administration also have their hidden agenda to displace the goal ghar market complex infront of holy Mahabodhi temple which was the prerequisite demand of World Heritage Site and that demand the district authority did not able to fulfilled due to public protest since long time.

44. That to fulfil the whole hidden agenda of the government the District Magistrate of Gaya accused no.1 Mr. Bala Murugan D throws all the laws of the municipal act of Bihar aside and deliberately appointed accused no.3 IAS Trainee Mr. Rahul Kumar as an executive officer of Bodhgaya Municipality. The complainant came to Bodhgaya Municipality with sickness to inquire about the reply of RTI which was forwarded to Bodhgaya Municipal authority by Gaya District office. The complainant gave introductory slip to accused no.3 IAS trainee Mr.Rahul Kumar and when he entered in the chamber then Mr.Rahul Kumar said “ Tum Hi Bodhgaya Ke Swami Ji Ho ? District Magistrate Ko Tum Gali De Te Ho ? Tumari Har Baat Ki Recording Hum Logo Ki Pas Hai. Tum Chair Pe Kaise Bait Gaya ? Tum Ko Chair Me Bait Ne Ka Permission Kon Diya ? ” The complainant replied to accused no.3 IAS Trainee Mr. Rahul Kumar that “ I am here to enquire the position of his RTI complain ”. Then the accused no.3 IAS Trainee Mr.Rahul Kumar said to the complainant that “ Tum Kavi Peetai Khaya Ho ? ” After humiliation the complainant got up from the chair and said “ I am very much sick so took the seat and after opening the door of the chamber the complainant replied out of anger to accused no.3 IAS Trainee Mr.Rahul Kumar that “ Jis Mai Ka Lal Ki Aukat O Chu Kar Dekh Le Fir High Court ya Supreme Court Se Bari Dhang Se Samjh Dunga ”. Then the complainant informed the Dy.Chaiman of Bodhgaya Municipality about the incident by meeting him physically and also wrote a complain letter to Principal Home Secretary of Bihar. When the complainant asked questions under RTI about the appointment of accused no.3 IAS Trainee Mr. Rahul Kumar then the district authorities is under “Silence” including the Commissioner of Magadh Division even after 1st appeal under RTI.

Annexure 4 – Photocopy of the letter sent to Principal Home Secretary.

45. That the complainant made 4 complains and 3 FIR at Bodhgaya Police Station about illegally changes the Spire ( Chattri ) of the Holy Mahabodhi Temple and monetary mismanagement of the Mahabodhi Temple Management but the Bodhgaya Police Station incharge accused no.5 MR.T.N. Tiwari deliberately keep aside all the complains since 2012 against High Ranking Government Officers of Bihar, The A.S.I Director- Delhi, The accused no. 5, 8, 9, 10 and Dr. Richard Dixey from Light of BuddhaDhamma Foundation International, USA only to save them. Even after repeated written appeal for taking action to then DIG of Magadh Division Mr.Hasnayan Kha, Commissioner of Magadh Division Mr. Vivek Kumar, Gaya District Magistrate Mrs. Bandana Priyashi, Principal Home Secretary of Bihar Mr. Amir Shubhani, DGP of Bihar Mr. Abhayananda, Principal Secretary of Tourism of Bihar and Chief Secretary of Bihar but all goes into vain. The reason behind to destroy the hut of the complainant is to destroy all evidence against above mentioned name so that the complainant must be a layman at Hon’ble Court to prove his grievances. That is the reason why till today Bodhgaya Police station, Present DIG of Magadh & SSP of Gaya did not registered FIR so that the officers can be save from the action of law of the Land.

46. That the accused no.1 & accused no.2 made all arrangement to teach a lesson at Gaya Central Jail. The Complainant did not get proper medical treatment at Gaya Central Jail which can be verified from the medical prescription of the Gaya Central Jail. The Complainant was suffering from the complain of liver problem but the medical sergeant turndown all the request in the jail and the medical sergeant wrote in his assessment that the complainant is totally fit and discharge from the medical ward of the Gaya Central Jail. When Gaya Medical Collage checked the complainant after his stomach pain then the Sr. Sergeant from Gaya Medical Collage was asking the Jail Medical Superintendent that “ Why the Ultra Sound has not been done when the patient is telling the pain is old ” then the Jail Medical Superintendent was silent and the Sr. Sergeant from Gaya Medical Collage asked immediate arrangement for Ultra Sound to cheek the present condition. Even after repeated appeal to the jail authority by the complainant they did not arrange necessary arrangement for doing Ultra Sound examination. And not only that the Medical Superintendent of Jail wrote and personally requested the Jailer to made all arrangement but all request goes into vain. The Complainant got medical treatment of “ Internal Gas Formation ” for 40 Days which damage the liver of the complainant.

47. That the accused no.1 the District Magistrate of Gaya made plan with accused no.5 the Bodhgaya Gaya Police station incharge Mr. T.N.Tiwary to arrange a land mafia to destroy his hut. They choose the time to carry out the work when Arup Bramhachari the complainant was in jail by a fabricated Bodhgaya case 201 / 2013 at Bodhgaya police station on dated 13-08-2013.

48. That the Bodhgaya Police Station incharge accused no.5 Mr. T.N. Tiwari appointed Mr. Mahindar Yadav, S/o late Hari Yadav from Miya Bigha, bodhgaya to carry out the destruction work of Arup Bramhachari’s hut. Mr. Mahinder Yadav brought JCB Machine at mid night to destroy the hut. Even after written complain to SSP of Gaya Mr. Nisant Tiwari on dated 02-10-2013 no FIR has been registered at bodhgaya police station.

49. That the accused persons made criminal conspiracy and that is established from the fact that the witnesses in Bodhgaya.

Arup Bramhachari
Complainant

Madan Kr. Tiwari – 11.12.13

I read and understood the content of this complains.

Arup Bramhachari

2013 in review

9 Jan

DSCN6592

The WordPress.com stats helper monkeys prepared a 2013 annual report for this blog.

Here’s an excerpt:

A San Francisco cable car holds 60 people. This blog was viewed about 3,400 times in 2013. If it were a cable car, it would take about 57 trips to carry that many people.

Click here to see the complete report.

LAYING ILLEGALLY 290 KGs GOLD AT TOP OF MAHABODHI TEMPLE

29 Nov

IMG_8551 1

Picture 001

Picture 002

Picture 005

 

AFTER WATCHING SILENCE FROM BUDDHIST OF INDIA AS WELL AS ABROAD I TOOK THE STEP TO SEND LEGAL NOTICE TO THE BODHGAYA  TEMPLE  MANAGEMENT  COMMITTEE FOR LAYING ILLEGAL WAY OF 290 KGS GOLD PLATE ON THE TOP SPIRE OF MAHABODHI TEMPLE. THE TEMPLE  MANAGEMENT  COMMITTEE DID NOT COVEY THE Archaeological Survey of India THAT 290 KGs OF GOLD PLATE WILL BE PUT AT THE TOP OF THE SPIRE OF MAHABODHI TEMPLE. EVEN WHEN THEY TOOK PERMISSION FROM Archaeological Survey of India AT THAT TIME ONLY B.T.M.C AND THE DONAR KNOWS THAT THEY ARE GOING TO PUT 290 KGs GOLD PLATE, NO 3RD PARTY KNOWS THAT IT WAS 290 KGs GOLD BY OFFICIALLY.IN THE BEGINNING IT WAS 100 Kgs GOLD BUT HOW IT IS NOW 290 Kgs THAT IS A MISTY. NOW READ THE MEDIA REPORT >> LOOK THE RECENT LETTER AT BELOW BUT ALL ARE HIDING

from: Arup Bramhachari arupteresa@gmail.com
to: secy-home-bih , Director General ASI , divcom-magadh-bih , “dm-gaya.bih” , mahabodhi , secy-tourism-bih , cmbihar-bih , cs-bihar , “k.rao” , “Jing, Feng”
date: Tue, Apr 1, 2014 at 1:16 PM
subject: How Mahabodhi Temple Spire changed by the Thai Royal Family ?
mailed-by: gmail.com

THROUGH E-MAIL

To
Mr. Amir Shubhani ( I.A.S ) Date – 01.03.2014
The Principal Home Secretary of Bihar
Old secretariat, Patna, Bihar.
E-Mail – secy-home-bih@nic.in

Mr.Pravin Srivastava
The Director of Archaeological Survey of India
11, Janpath, New Delhi – 11
E-Mail – directorgeneralasi@gmail.com

Mr. R. K. Khandelwal ( I.A.S )
Secretary of Advisory Committee of B.T.M.C cum Commissioner of Magadh
Commissioner House, Near Gaya Stadium, Gaya Town, Gaya, Bihar.
E-Mail – divcom-magadh-bih

Mr. Bala Murugan D. ( I.A.S )
The DM Cum Chairman of Mahabodhi Temple
DM Kothi, Near Gaya Collage, Gaya Town, Gaya, Bihar
E-Mail – dm-gaya.bih@nic.in

Mr. N. Dorje ( Retd. I.A.S )
The Secretary of Mahabodhi Temple
Bodhgaya, Gaya, Bihar – 824231
E-Mail – “mahabodhi”

Subject – How Mahabodhi Temple Spire changed by the Thai Royal Family ?

Dear Sir,

I would like to know that what are the steps you have taken after my 16-03-2013 letter ? By whose permission the Ashoka Time Spire changed into Thai tradition ? How our culture high jacked by the Thai’s ? Why you are all intentionally over looking this issue of spire since 2010 ? In the month of Sept. 2010 the Mahabodhi Temple Spire changed by the Light of BuddhaDhamma Foundation International, USA and again it is changed into Thai tradition by the Royal Family of Thailand & Mr. Saman Kunarkornpaiboonsiri party in the month of Nov. 2013. When Mr. Saman Kunarkornpaiboonsiri & party in their letter dated July 23rd 2012 did not mention how many Kgs Gold they are offering then how B.T.M.C took decision in their meeting ? How the Director of World Heritage, Ministry of Culture Mr. J. Sharma gave permission when they are not clear how much Gold plating is going to take place ( see the letter of 10-01-2013 ) at Mahabodhi Temple ? When Mahabodhi Temple is not under the control of Archaeological Survey of India then under which provision of law the A.S.I is giving no objection certificate every time !!!? How 100kgs Gold in the beginning of permission reached upto 290 Kgs Gold in the month of Nov. 2013 !!!?

I would like to know from your office that why you are all intentionally overlooking the Spire Changes of Mahabodhi Temple issue since 2010 ? It is needless to say that weather my letters come to your office by e-mail or by post you will through it into dustbin to avoid further embarrassment due to your negligence of work. This act of yours violate the fundamental rights of an Indian citizen which is protected section 5 to 22 of Constitution of India as well as The All India Services ( Conduct ) Rules, 1968, Sub Laws General 3 (1),3 (2) and 5 (2A). It is also needless to say that your act is intentional which transformed as habitual action under the law of the land.

I would like to say more that you are the people who allowed outsiders to damage the ancient Spire which is world heritage. This is a public property and you are all did well fabricated conspiracy to damage our Heritage. Mahabodhi Temple is a public property within the meaning of section 2 ( b ) of the Prevention of Damage to Public Property Act,1984. You are all committed criminal breach of trust which is punishable under section 406 of I.P.C. You are also punishable section 3 ( G ) & ( H ) read with section 7 of the Religious Institutions ( Prevention of Misuse ) Act 1988 and also under section 385, 426, 120 ( B ) I.P.C read with section 34 of I.P.C. You are also punishable under Ancient Monument Act for damaging Ancient Monument.

So, I am attaching photos as evidence along with this e-mail to prove your conspiracy. The Ministry of Culture issued letter No. F.4-5/2013 ii-ASI/ AS-Pt to take steps about the above mention issue but A.S.I is intentionally sleeping till today. You are all not answering letters, R.T.I, Legal Notice so how do you expect public respect ? We the citizen gave you salary to do justice with the citizen but not for doing injustice with us by over ruling the law of the land. You have to do your duty as per law of the land otherwise please vacant the place for a competent citizen of India.

Thanking you

Arup Bramhachari ( Swami Ji )
Root Institute Road, Bodhgaya, Gaya, Bihar – 824231
Contact No. 08083339782 ( New No. )

NOTE- CC to PMO, CM of Bihar, Chief Secretary of Bihar, Director of W.H.C
Attaching 4 photos and reported news of Telegraph

http://www.telegraphindia.com/1130827/jsp/bihar/story_17275572.jsp#.U0OsofmSzfI

100kg Thai gold for shrine
ALOK KUMAR

Gaya, Aug. 26: The spire of the heritage Mahabodhi Mahavihara will soon be covered in gold. Devotees from Thailand will donate 100kg of the yellow metal to Buddhism’s holiest shrine, which was rocked by a series of explosions last month.

At today’s prices, the cost of the gold needed would be approximately Rs 33 crore. Work on the around 180-ft tall spire is set to begin from the first week of September. The Bodhgaya Temple Management Committee (BTMC) and the Archaeological Survey of India (ASI) have approved a proposal in this regard.
Thailand-based Krieng Thavorn Containers Company Limited will carry out the work to drape the spire in gold. Experts from Thailand will arrive in Bodhgaya in a couple of days. Archaeologists will supervise the work, which would take around two months.

BTMC secretary Nangzey Dorjee and superintending archaeologist of ASI’s Patna circle, Madan Singh Chauhan, confirmed that they have given their nod for the gold-plating. Thin gold sheets to be wrapped around the spire have reportedly been prepared. The gold plating would not alter the spire’s original shape.

Superintending archaeologist Chauhan told The Telegraph from Delhi they would supervise the work so that the gold plating does not pile extra weight on the existing structure and it is not tampered with.
After the gold-plating, a three-day special function would be organised from November 14 to celebrate the occasion. Representatives and devotees from Thailand are likely to attend it.

It is a tradition in Thailand for devotees to donate gold, collected through contribution from devotees. An example is the stupa at the Wat Phrathat Doi Suthep temple in Thailand’s Chiang Mai, which is fully covered in gold.

The 1,500-year-old Mahabodhi Mahavihara, a World Heritage Site, is built at the site where Gautama Buddha is believed to have attained enlightenment. About one lakh tourists, most of them Buddhists from Japan, China, Sri Lanka, Thailand and other south Asian countries, visit Bodhgaya annually.

The Nitish Kumar government had earlier turned down a proposal from the Thailand royal family to install a dome of gold atop the Thai temple in Bodhgaya. The Union tourism ministry has been urging the state government to reconsider its position. But the Nitish government has cited security concerns to reject the proposal. The Thai temple, close to the Mahabodhi complex, was built in 1957. It has a sloping, curved roof with golden tiles. Inside, the temple has a massive bronze statue of Buddha.

http://indiatoday.intoday.in/story/mahabodhi-temple-bodhgaya-bihar-mahabodhi-temple-gold-nitish-kumar/1/322875.html

Mahabodhi temple’s dome to be covered in glitter, Thai commandos guard 300 kg gold
IANS Patna, November 13, 2013 | UPDATED 13:38 IST

Two dozen commandos from Thailand are guarding nearly 300 kg gold in 13 boxes in Bihar’s Bodhgaya town as work began to cover the dome of 1,500-year old Mahabodhi temple in glitter.

The much awaited work to gold-plate the dome is being carried out by a team of technical experts from Thailand, officials said. Two days after the 289 kg gold, donated by Buddhist devotees from Thailand, was brought at Bodhgaya in a special plane from Bangkok, technical experts have finally started the work under tight security in and around the temple, said N. Dorjee, secretary of the Bodh Gaya temple management committee. “It is a happy moment for all of us that the spire of the temple will get a glittering look with gold,” Dorjee said.

Arvind Kumar Singh, a member of the committee, said the work by experts from Thailand is being video graphed since it involves handling gold. “A 40-member team, including a dozen experts and two dozen commandos, from Thailand arrived at Bodhgaya with gold in 13 boxes to complete the work in 40 to 50 days,” Singh said.

He said the team is led by Thailand’s former deputy prime minister General Pricha.
“About 24 Thailand commandos are providing security to the gold boxes kept in the temple premises,” Singh said. The district administration too has deployed additional security to safeguard the gold.Thailand-based company Kreing Thavorn Containers Co. Ltd. is carrying out the work.

Dorjee said last year Thailand’s King Bhumibol Atulya took the decision to cover the dome of the temple with gold. But it took some time to get clearance from the Archaeological Survey of India (ASI) for the work. The ASI officials will also provide technical supervision for the gold inlay work.

A special prayer will be held under the holy Bodhi tree behind the main temple Nov 16 in which around 500 devotees from Thailand, including those who donated gold, are likely to participate, Dorjee said.According to him, the first phase of the work involving chemical treatment was completed in August to prepare the foundation for gold plating.

“Now stairs have been installed around the temple’s dome to enable experts to reach the top of the structure to inlay it with thin gold sheet,” he said. Bihar Chief Minister Nitish Kumar has also shown keen interest in the work. A string of low-intensity bombs exploded in the temple complex in July. But there were no casualties and no damage was caused to the structure.

The ancient 180 feet structure of the Mahabodhi temple is estimated to have been built between the 5th and 6th century AD. It was lost and rediscovered in the 19th century by Alexander Cunningham, who founded the ASI in 1861.

The Mahabodhi temple is the holiest pilgrimage centre for Buddhists from around the world. It marks the place where Lord Gautama is believed to attained his enlightenment, turning him into the Buddha.

THEREFORE THE SO CALLED BUDDHIST MUST THINK WHAT THE HELL IS GOING ON AT BODHGAYA WITH THEIR FATHER ??? NO ONE FROM BUDDHIST WORLD STAND FOR THEIR SO CALLED LORD BUDDHA  EVEN NO ONE WRITE ANY PROTEST AT FACEBOOK, WEB PAGE AND TWITTER BUT THEY NEVER FORGET TO PASTE BIG BIG WORDS TO SHOW THEIR LOVE TO LORD BUDDHA AT FACEBOOK, WEB PAGE AND TWITTER !!!!!! EVEN THEY CAN’T WRITE A COMPLAIN LETTER TO THE BODHGAYA TEMPLE  MANAGEMENT  COMMITTEE  ABOUT  THEIR  ILLEGAL ACTS !!!!

ON DATED 07-09-2013 THE MEDIA REPORTED THAT 100 KGs OF GOLD PLATE WILL BE PUT ON TOP SPIRE OF MAHABODHI TEMPLE ….. AND AGAIN ON DATED 15-11-2013 MEDIA REPORTED THAT  290 KGS GOLD PLATE WILL BE PUT OVER THE TOP SPIRE OF MAHABODHI TEMPLE. NOW THE QUESTION IS MORE THAN 1500 YEARS OLD SPIRE WHICH IS HARDLY 4-5 FEET IN HEIGHT CAN TAKE THE EXTRA LOAD OF 290 KGs GOLD ??? ABOVE 182 FEET HIGH THE WIND BLOW ABOVE MORE THAN 80-90 KM PER HOUR AND IN THE RAINY SEASON MORE THAN 120 KM PER HOUR AT BODHGAYA SO HOW MANY DAYS THE 1500 YEARS OLD SPIRE CAN BEAR THE EXTRA LOAD OF 290 KGS ??? BLOODY MONEY POWER IS SPOILING THE IMAGE OF LORD BUDDHA AT BODHGAYA AND THE BUDDHISTS ARE INTENSIONALLY ACTING DEAF & BLIND. NO ONE THINK OF LORD BUDDHA BUT DON’T FORGET TO TALK BIG WORDS AT FACEBOOK, WEB PAGE AND TWITTER !!! HOW PEOPLE STAND INFRONT OF LORD BUDDHA FOR PRAYER THAT I DON’T UNDERSTAND TILL TODAY !!!

 

AT BELOW THE LETTER OF CULTURAL MINISTRY OF GOVT. OF INDIA. YOU CAN COPY THE PHOTO TO READ IT AND SEE HOW MAHABODHI TEMPLE MANAGEMENT IS TELLING LIE TO THE WORLD THAT THEY HAVE PERMISSION.

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NOW READ THE QUESTIONS UNDER RIGHT TO INFORMATION ACT TO A.S.I AND A.S.I DID NOT GIVE ME THE PERMISSION COPY OF LAYING GOLD ON SPIRE OF MAHABODHI TEMPLE TILL TODAY !!!!

from: Arup Bramhachari <arupteresa@gmail.com>

to: Director General ASI <directorgeneralasi@gmail.com>

date: Fri, May 4, 2012 at 3:26 PM

subject: What your team doing at MahabodhiTemple ?? Check the RTI answer of your officer.

mailed-by: gmail.com

To

The Director of A.S.I

Janpath, New Delhi. 

Dear Sir,

Please look at the reply of A.S.I under RTI and then my question is what your team is doing in Bodhgaya ? Is your officer is mad ? Did he understood what i asked ? Can he say in the court what he said under RTI ? Please sir you see the reply under RTI and correct your answer ?

Thanking you 

Arup Bramhachari ( Swami Ji )

 

Director of A. S. I UNDER R.T.I ACT  2005 Dated : 20 – 04-2012 

Q. 1. What are the places inside the MahabodhiTemple you are looking renovation work after getting request from Temple management committee. Who is your representative at MahabodhiTemple and what is his mobile number.

Q. 2. How many times A.S.I in last 4 years have meetings with BTMC ? Please provide me the copy of the minutes and letters received by you from BTMC.

Q. 3. What are the reasons that within 5 years you can not change the marbles in the MahabodhiTemple ? Who said to change the marbles by sand stone ? Do you know sand stone made of Alkaline and it is harmful for any tree ? What your scientist said about using sand stone and what kind of scientist they are when they know alkaline is harmful !! ? Where you are going to make sand stone ( which Factory ).

Q. 4. Did BTMC took any kinds of permission to change the out look at top umbrella of the Temple in the main structure ( temple ) ? Is it not the violation of Aetiological survey of India law ? Do any one have right to change any portion of our heritage structure in any area which is control under state or central govt. ? 

Q. 5. Where is the Photos of Mahabodhi temple stupas which was carried out at the time of DM Rajbala Verma ( 1992 – 1995 same time excavation carried out beside present Masjid at Bodhagaya and they are the people involved of making photo albums of stupas of Mahabodhi temple and BTMC paid money for it  ).

Q. 6. Are you going to write letters to CM Mr. Nitish Kumar Ji or Chief Secretary of Bihar or any one regarding misdeeds of Mahabodhi Temple Managemant Committee ?

Q. 7. Do you ever check the idols of Mahabodhi temple structure ? As per information from sources that most of the idols are placed with fake idols and all the fakes idols made in Gaya. What your supervisor said about it ?

Arup Bramhachari

Bodhgaya, Gaya, Bihar 

 

NOW COPY THE PHOTO AND READ IT WHICH IS THE  MINUTES COPY OF THE MAHABODHI TEMPLE COMMITTEE MEETING

 

 

Picture_038[1]

 

NOW READ THE LEGAL NOTICE

From :

Madan Kumar Tiwary  ( Advocate )

Shamir Takiya, Near-T.O.P, Gaya -823001

Phone: 0631-2223223, 8797006594

Email: tiwarygaya@gmail.com 

To

1.         Smt. Chandresh Kumari Katoch, Minister,

Ministry of Culture, Government of India, 

Room No. 501,’C’ Wing, Shastri Bhawan,

New Delh i-110115

2.         Sh. Ravindra Singh, Secretary,

Ministry of Culture, Government of India 

Room No. 502,’C’ Wing, Shastri Bhawan,

New Delhi-110115

3.         Mr.Pravin Srivastava,

Director General , Office of the Director General,

Archaeological Survey of India, Janpath,

New Delhi – 110011 

Phone: 23015954, ,Fax: 23019487

4.         Mr. Balamurgan D.,

District Magistrate, Gaya Cum Chairman,

BodhgayaTemple Managing Committee (BTMC),

Bodhgaya-  824231, Gaya 

5.         Mr. Nanje Dorje,

(S/o Jigme Wanchuk, Gangtok, Sikkim),

Secretary, BodhgayaTemple Management Committee, (BTMC),

Bodhgaya-  824231, Gaya

6.         Mr. General Pricha,

Ex. Dy. Prime Minister of Thailand,

Presently Residing at: MetaBuddhaTemple,

Sujata Bypass, Bodhgaya-  824231, Gaya 

 

Lega Notice on behalf of :  

Arup Brahmachari @ Swamiji,

( Native Address- S/O Late – Birinchi Pada Sarkar,

R/O RathTala, TalBagicha, Kharagpur – 6 ,

District- Paschim Midnapur, West Bengal ),

Present Address – Root Institute Road,

Narsing Asthan, P.S – Bodhagaya, Bodhgaya – 824231, Gaya  

Subject:        In the garb of laying of gold plate putting weight of 290 Kg over the spire/dome of Bodhgaya Mahabodhi Temple and making changes in originality of Temple.  

Sir      

I, being instructed & duly authorized by my above named client Mr. Arup Brahmachari @ Swamiji for issuance of this legal notice upon you on the matter enumerated below:

1. That the Bodhgaya Temple Management Committee ( for brevity ‘BTMC’ ) is laying gold plate over the spire/dome/ gumbad of ancient MahabodhiTemple. ‘BTMC’ claims that the said gold is donated by Thai people and devotee of Buddhism belongs from Thailand .

2. That the MahabodhiTemple is of ancient value more than thousands of years old and has been built by bricks. According to UNESCO, ” the present temple is unique and one of the earliest and most imposing structures built entirely in brick. This monument is miracle in itself and making any such changes not only cause destruction and damage to original structure rather will change its original shape.

3. That covering with gold plate is completely irrational in as much as that the lord Buddha was known for his simplicity and his first act, prior to denouncing world and leaving house in search of peace was removing ornaments. He was against all type of pomposity and in that background it is difficult to conceive what such highfalutin act mean.

4. That the lord Buddha was considered and regarded God of common people who established a sect against the prevailing tradition of disparity in society; his religion / sect was open to diverse range of people; from nobles to outcaste street sweepers, murderers such as Angulimal to cannibals such as Alavaka. Buddhism was equally open to all races and classes, and had no caste structure, as was the rule for most Hindus in the-then society.

5. That the monument is ancient and neither any sanction or permission has been taken by ‘BTMC’ from competent authority to cover the dome with gold nor any assessment has been made by any Institution specialized in the field of preservation and conservation of ancient monuments to ascertain whether such act is harmful or not.

6. That the Secretary of ‘BTMC’ Mr. N. Dorje informed over phone that the sanction for changes have been granted by the Ministry of Culture as well as Department of Archaeological Survey of India, hence this notice is being served upon them to first confirm what is truth and thereafter show whether any assessment was made by them prior to granting permission for laying of gold plate.

7. That from other source of information including newspapers, it has come to the knowledge of my client that the respondent / party no. 6 Mr. General Pricha, Ex. Dy. Prime Minister of Thailand is leading the team of the people of Thailand indulge in this act of gold covering hence this notice is also being served upon him. .

8. That the ‘BTMC’ is acting beyond jurisdiction and working against the provision laid down in ‘BTMC Act, 1949. Duty of the ‘BTMC’ enshrined in Section 10 of the said Act which  is reproduced below;

10. Subject to the provisions of this Act or of any rules made thereunder, it shall be the duty of the Committee –

(1) to arrange for –

(a) the upkeep and repair of the temple ;

(b) the improvement of the temple land ;

(c) the welfare and safety of the pilgrims ; and

(d) the proper performance of worship at the temple and pindadan ( offering of pandas ) on the temple land ;

(2) to prevent the desecration of the temple or any part thereof or of any image therein;

(3) to make arrangements for the receipt and disposal of the offerings made in the Temple, and for the safe custody of the statements of accounts and other documents relating to the temple or the temple land and for the preservation of the property appertaining to the temple;

(4) to make arrangement for the custody, deposit and investment of funds in its hand; and

(5) to make provision for the payment of suitable emoluments to its salaried staff.

9. That from careful study of the duty as laid down U/s 10 of ‘BTMC Act, 1949’ it clearly reflects that the ‘BTMC’ is not having jurisdiction to make any substantive / material changes in temple and its jurisdiction is confined to upkeep and repair of the temple ‘BTMC’ is not even allowed to add or remove a single brick unless it is not required to upkeep and for repair of the temple.

10. That just to appease foreigners or some high and mighty or for some political gain of the foreign politician, making changes is certainly not appreciable and that amount to violation of law of land.

11. That those who have come from Thailand and have donated gold are virtually want to make the structure of Mahabodhi Temple copy of the DOISUTHEPTEMPLE GOLDEN Spire, Chiang Mai Thailand. Their action is cultural evasion and will damage the originality of ancient monument. Temple structure is pyramidal and the reason for shape is best known to the religious scholars who designed it and gave such shape. After thousands of years, no one can make any changes in structure. We have legislation to preserve monuments of ancient & architectural value and violation of such legislation constitute an offence.

12. That the Mahabodhi Temple has been declared as a World Heritage Site but  the ‘BTMC’ in disguise of management of temple, for pecuniary gain of  its member and official doing all type of irrational, illogical and illegal  act.

13. That it would be pertinent to remind all of you that three Writ Petitions are pending before Hon’ble Supreme Court of India related with the matter of Mahabodhi Temple, one of them has been filed by my client bearing W.P.( Civil) No. 832/2013 and notices has been served upon some of you who are respondents in the said the said writ petition, which is scheduled to be listed for hearing on 3rd December 2013. Matter is subjudice. Even after knowing this fact, you are acting against the prevailing law to protect such monument.

14. That my client is feel perturbed because of your unauthorized and unlawful acts which is not only violating laws meant for preservation & conservation of originality of Ancient monuments rather is damaging to our heritage declared World Heritage Site by ‘UNSCO’.

15. That the covering of spire/dome/ gumbad will only add beauty, glitter and to some sort of pomposity to be covered with a metal that cost in millions but such pride would be achieved at the cost of the loss of its originality which is imbedded in its archaeological value and heritage.

16. That from religious point of view your acts are also against philosophy of Buddhism and teaching of Lord Buddha.

17. That my above named client request you through this notice to reconsider the issue and if possible organize a seminar, invite the resource persons & Organization having expertise in the field of preservation and conservation of ancient monuments & heritage to assess the effects of gold covering of spire.

18. That I further advise you to restrain yourself from laying of gold plate over the spire and make assessment to determine the effects of covering.

19. That I also advise you to go through the legislation made to protect ancient monuments and heritage, few of the legislations are; The Ancient Monuments and Archaeological Sites and Remains Act, 1958, Ancient Monuments and Archaeological Sites and Remains Rules, 1959, The Ancient Monuments and Archaeological Sites and Remains ( Amendment and Validation ) Act, 2010, Ancient Monument and Archaeological Site and Remains ( Framing of heritage bye-laws and Other Functions of the Competent Authority ) Rules, 2011. The Antiquities and Art Treasures Act,1972

Under the facts and circumstances refereed to above I advise you to respond positively to the advise/suggestion stated above within 15 days from the date of receiving of this notice failing which my client will compelled to seek legal recourse in order to safeguard the sanctity and originality of the Mahabodhi Temple and in that circumstances, you will be equally responsible for consequences arising therefrom. 

Yours

Madan Kumar Tiwary

Advocate

Date: 16.11. 2013                           

Place:  Gaya  

 

MAHABODHI TEMPLE CORRUPTION CASE AT SUPREME COURT OF INDIA

1 Oct

18TH_SUPREME_COURT_1334414f[1]http://www.indianexpress.com/news/bodhgaya-temple-pil-sc-records-centre-response/1162613/
http://www.business-standard.com/article/pti-stories/sc-seeks-reply-from-centre-others-on-pil-on-mahabodhi-temple-113092700683_1.html
http://www.financialexpress.com/news/bodhgaya-temple-pil-sc-records-centre-response/1162613
http://zeenews.india.com/tags/Mahabodhi-temple.html

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL WRIT JURISDICTION

WRIT PETITION (CIVIL) No. 832 of 2013
IN THE MATTER OF:
Arup Brahmachari ….Petitioner
VERSUS
Union of India and others ……Respondents
I.A. No. 832 of 2013
Application for Direction

PAPER BOOK
( FOR INDEX KINFLY INSIDE )
ADVOCATE FOR PETITIONER: NITIN KUMAR THAKUR

INDEX Page Nos

1. Listing Proforma A- A1
2. Synopsis, List of Dates and Events B – H
3. Humble Writ Petition under Article 32 of the Constitution of India with Affidavit 1 – 35
4. ANNEXURE -P.1 36 – 44
Typed copy of “The Bodh Gaya Temple Act, 1949” ( Bihar Act 17 of 1949 )
5. ANNEXURE -P.2 45 – 46
Typed copy of Times of India News Report dated 02.08.2001
6. ANNEXURE -P.3 47 – 48 Typed copy of Times of India News Report dated 22.10.2001.
7. ANNEXURE -P.4 49
True copy of proof of inscription dated 29th June 2002 of Mahabodhi Temple Complex at Bodh Gaya as World Heritage Site downloaded from UNESCO website
8. ANNEXURE -P.5 50 -51
Typed copy of Times of India News Report dated 26.06.2007
9. ANNEXURE -P.6 52 – 59
Typed copy of Complaint No. 850/2007 pending in the Ld. Court of Chief Judicial Magistrate, Gaya
10. ANNEXURE -P.7 60 – 70
Typed copy of Scientist Report dated 28.6.2007 by Scientists of Dehradun Forest Research Institute.
11. ANNEXURE –P.8 (COLLY)
(i) Photostat copy of report dated 9.7.2007 published in Outlook Magazine 71 – 72
(ii) Typed copy of report dated 9.7.2007 published in Outlook Magazine 73 – 76
12. ANNEXURE –P.9 77 – 80
Typed copy of enquiry report dated 01.12.2007 of Magadh Division Commissioner
13. ANNEXURE –P.10 81 – 82
Typed copy of newspaper report dated 20.1.2008 published in Times of India
14. ANNEXURE –P.11 83
Typed copy of Order dated 03.03.2008 Passed in CWJC No. 1565 of 2008 by The Hon’ble Patna High Court.
15. ANNEXURE –P.12 (COLLY)
(i) Photocopy of the article is published on 10.03.2008 in the Newsweek 84-85
(ii) Typed copy of the article is published on 10.03.2008 in the Newsweek 86 – 88
16. ANNEXURE –P.13 89 – 92
Typed copy of Order dated 13.02.2009 passed in CWJC No. 1487 of 2009 by the Hon’ble Patna High Court.
17. ANNEXURE –P.14 93
Typed copy of the order dated 17.02.2012 passed by Hon’ble Supreme Court in Writ Petition(C) No.41/2012
18. ANNEXURE –P.15 94
The typed copy of the E-Mail sent by The Director General, Archaeological Survey of India on 30.3.2012
19. ANNEXURE -P.16 95 – 96
Typed copy of Times of India news Report Published on dated 01.09.2012
20. ANNEXURE –P.17 97 -100
Typed copy of petitioner’s representation dated 28.10.2012 against the inaction of executives to the Prime Minister’s Office, Home Secretary, Govt. of India & Govt. ofBihar, Director General of Police, Govt. of India
21. ANNEXURE –P.18 101- 102
Typed copy of Times of India news Report Published on news dated 09.01.2013
22. ANNEXURE –P.19 103 -107
Typed copy of the Informatory Petition No.1105/2013 dated 18.04.2013.
23. ANNEXURE –P.20 108 -110
Typed copy of the petitioner’s representation Dated 23.04.2013 to the Chairman of Bodhgaya Temple Management Committee.
24. ANNEXURE –P.21 (COLLY)
i). Photostat copy of the recommendations of the UNESCO World Heritage Centre-Decision- 30COM 7B.64, 111
ii). Typed copy of the recommendations of the UNESCO World Heritage Centre-Decision- 30COM 7B.64, 112- 113
iii). Photostat copy of the recommendations of the UNESCO World Heritage Centre-Decision-30COM 7B.64, and 34COM 7B.70 114
iv). Typed copy of the recommendations of the UNESCO World Heritage Centre-Decision-30COM 7B.64, and 34COM 7B.70 115-116
25. ANNEXURE –P.22 (COLLY)
i). Photostat copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Business Standard 117-118
ii). Photostat copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Reuters 119
iii). Typed copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Reuters 120
iv). Photostat copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Times of India 121-122
v). Typed copy of Downloaded copy of the News report published on 07.07.2013 in the national newspapers Times of India 123-125
vi). Photostat copy of Downloaded copy of the News report published on 08.07.2013 in the national newspapers Hindustan Times 126-129
vii).Photostat copy of Downloaded copy of the News report published on 08.07.2013 in the national newspapers Telegraph 130-131
viii).Typed copy of Downloaded copy of the News report published on 08.07.2013 in the national newspapers Telegraph 132-134
ix). Photostat copy of Downloaded copy of the News report published on 08.07.2013 in the national newspapers Jagaran 135-136
26. I. A. No. of 2013 137-138

Application for Direction
LISTING PROFORMA
IN THE SUPREME COURT OF INDIA
1. Nature of the matter Civil
2.(a) Name of Petitioner (s) /Appellant (s) Arup Brahamchari@ SwamiJi
(b) e-mail ID
3. (a) Name(s) of Respondent (s) Union of India and Ors. (b) e-mail ID
4. Number of case W. P. (C) No. of 2013
5. (a)Advocate(s) for Petitioner(s) Nitin Kumar Thakur (b) e-mail ID
6. (a) Advocate(s) for Respondent (s) N. A.
(b) e-mail ID
7. Section dealing with the matter PIL
8. Date of the impugned Order/Judgment N. A.
8.A. Name of Hon’ble Judges N. A.
8B. In Land Acquisition Matters : N. A.
i) Notification/Govt. Order No. u/s. 4,6) ………….. dated ………………….. issued by Centre/State of………..
ii) Exact purpose of acquisition & village involved……..
8C. In Civil Matters :- N.A.
i) Suit No., Name of Lower Court……..
Date of Judgment……………… N. A.
8D. In Writ Petitions:-
“Catchword” of other similar matters…..The Bodh Gaya Temple Act, 1949
8E. In case of Motor Vehicle Accident Matters : N. A.
Vehicle No……………………………………..
8F. In Service Matters N. A.
(i) Relevant service rule, if any..
(ii)G.O./Circular/Notification, if applicable or in question………
8G. In Labour Industrial Disputes Matters : N. A.
I.D. Reference/Award No., if applicable ……………………
Nature of urgency: After Bomb Blast at Maha Bodhi Temple, Bodh Gaya premises the fundamental rights of Public at large are being infringed and the Temple is urgently required to be protected as National Monument
9. In case it is a Tax matter : N. A.
a) Tax amount involved in the matter……………….
b) Whether a reference/statement of the case was called for or rejected………
c) Whether similar tax matters of same parties filed earlier (may be for earlier/other Assessment Year)?………….
d) Exemption Notification/Circular No………….
11. Valuation of the matter : N. A.
12. Classification of the matter : 0812
(Please fill up the number & name of relevant category with sub category as per the list circulated)
No. of Subject Category with full name :
No. of sub-category with full name :
13. Title of the Act involved (Centre/State): Constitution of India, The Bodh Gaya Temple Act, 1949, The Ancient Monuments and Archaeological Sites and Remains Act, 1958, Prevention of Damage to Public Property Act, 1984, Antiquities and Art Treasures Act, 1972.
14. (a) Sub-Classification (indicate Section/Article of the Statute)… Sec. 4 of AMARSAR Act, 1958
(b) Sub-Section involved…. N.A.
(c) Title of the Rules involved (Centre/State)………. Central
(d) Sub classification (indicate Rule/Sub-rule of the Statute) N. A.

15. Point of law and question of law raised in the case: For that, under List I, Entry 67, of the SEVENTH SCHEDULE, of the Constitution of India, Ancient and Historical monuments and records and archaeological sites and remains (declared by or under law made by Parliament) to be of national importance, considering the antiquity and historical significance of Temple, exclusively, the law made by the Parliament would be applicable.
16. Whether matter is not to be listed before any Hon’ble Judge?
Mention the name of the Hon’ble Judge…. N. A.
17. Particulars of identical/similar cases, if any
a) Pending cases…………… WP ( C ) No. 41 of 2012
b) Decided cases with citation……….
17A. Was SLP/Appeal/Writ filed against same impugned Judgment/order earlier? If yes, particulars…… N. A.
18. Whether the petition is against interlocutory/final order/decree in the case N. A.
19. If it is a fresh matter, please state the name of the High Court and the Coram in the impugned Judgment/Order…. N. A.
20. If the matter was already listed in this Court : N. A.
a) When was it listed?……….
b) What was the Coram?…..
c) What was the direction of the Court……
21. Whether a date has already been fixed either by Court or on being mentioned for the hearing of matter? If so, please indicate the date fixed…….. N. A.
22. Is there a caveator? If so, whether a notice has been issued to him? N. A.
23. Whether date entered in the Computer?……. N. A.
24. If it is a criminal matter, please state : N. A.
a) Whether accused has surrendered……………
b) Nature of offence, i.e. convicted under Section with Act………..
c) Sentence awarded……….
d) Sentence already undergone by the accused……..
24 e) (i) FIR/RC/etc………. N. A.
Date of Registration of FIR etc………….
Name & place of the Police Station…….
(ii) Name & place of Trial Court:
Case No. in Trial Court and Date of Judgment
(iii) Name and place of 1st Appellate Court:
Case No. in 1st Appellate Court & date of Judgment:

Dated: 08.08.2013 (Nitin Kumar Thakur)
Advocate for Petitioner

SYNOPSIS, LIST OF DATES AND EVENTS

The present Writ Petition under Article 32 of the Constitution of India as Public Interest Litigation praying for issuance of appropriate Writ, Order, Directions for enforcement and protection of the citizens’, tourists’ and pilgrims’ fundamental rights guaranteed under Articles 14,19,21,25, and 26 of the Constitution of India which have been infringed as well as challenging the constitutional validity and Vires of “The Bodh Gaya Temple Act, 1949” (Bihar Act 17 of 1949). Further the petitioner most humbly prays and seeks the indulgence of this Hon’ble court for declaring and assigning the Mahabodhi Temple as a “National Monument” and the same be protected under the provisions of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Rules, as well as, [The] Antiquities and Art Treasures Act, 1972. The petitioner also craves the attention of the Hon’ble Court with regard to the implementation of the recommendations of the United Nations Organisation body namely; ‘UNESCO’, for the overall betterment and sustenance of the Mahabodhi Temple and its properties appertaining thereof, as well as devise development plans and develop the Bodh Gaya city in a time frame considering its national and international importance.

6th Century B.C. The sacred Bodhi tree under which The Buddha is believed to have attained enlightenment. The place is highly venerated by the Buddhists ever since.

260 B.C. Emperor Asoka visited Bodh Gaya and constructed a small temple near the Bodhi tree.
To ensure better management of the ‘Mahabodhi Temple’ Indian National Congress appointed a committee headed by Dr. Rajendra Prasad, which recommended joint management of the shrine by both the Hindus and the Buddhists.
India signed the declaration with the United Nation Organization.
India became the Member State of the UNO.

Post 1945 The Bihar government implemented the recommendations by committee headed by Dr. Rajendra Prasad as well as a memorandum of understanding between Mahant of Mahabodhi Temple and Government,“The Bodh Gaya Temple Act, 1949” (Bihar Act 17 of 1949) was enacted.
After the sincere persuasion of the Central Government, the Mahant of Bodh Gaya temple formally on this very day handed over the management of the Mahabodhi Temple and its Properties to Dr. Sarvapalli Radhakrishnan, the then Vice-President of India.
The ‘UNESCO’ had conducted detailed enquiries about Mahabodhi Temple.
In pursuance to the Govt. of India application the Temple became a ‘UNESCO’ World Heritage Site and was specifically nominated for the international heritage program. The temple thereby became a ‘UNESCO Site’.
The branch of the Holy tree was cut off for the first time under the collusion of office bearers of the “BTMC” and head monk.

10.6.2007 Under conspiracy and by the order of head priest Bhante Bodhi Pal a branch of the Holy Tree was cut down, after discloser of this offence the said Bhante Bodhi Pala resigned in the same year after he was charged with the allegation of cutting the branches of Holy Bodhi Tree.

22.6.2007 The petitioner filed a Criminal Case bearing Complaint No. 850/2007 in the Ld. Court of Chief Judicial Magistrate, Gaya which is pending for trial against the office bearers of the “BTMC”.

28.06.2007 On the request of the District Magistrate, Gaya, a team of Forest Research Institute Dehradun comprising of scientists visited the Bodhgaya temple and after inspection of the Holy Tree reported that the Bodhvrikhsha had gone through some stress which was detrimental to the existence of the Holy Tree. The team of Scientists of Dehradun Forest Research Institute had conducted detailed inspection of the Mahabodhi Tree and made a categorical observation on the Bodhivriksha vide joint report dated on the same date.

16.10.2007 A complaint Case was registered vide Complaint No. 850/2007 Arup Brahmachari Versus Jitendra Srivastava and others, the Chief Judicial Magistrate which sought enquiry and report from Magadh Division Commissioner.
01.12.2007 The Magadh Division Commissioner answered the enquiry report which contained enquiry report on the complaint by the petitioner regarding mismanagement and abuse of funds of the Bodhgaya temple.

20.1.2008 Superintending Archaeologist of Archaeological Survey of India, Patna Circle, emphasised that conservation work of Mahabodhi Temple at Gaya will be based on archaeological norms and principles to be followed while initiating conservation process.

03.03.2008 The petitioner had filed a Public Interest Litigation bearing CWJC No. 1565 of 2008 in the Hon’ble Patna High Court regarding mismanagement of the fund of Mahabodhi temple and its mal-administration, the said petition was disposed of with observation that the petitioner should raise the grievances before State Government.

03.03.2008 In pursuance to the observation of the Hon’ble Patna High Court the petitioner filed detailed representation pointing out all the mismanagement of fund of Mahabodhi temple and mal-administration by the “BTMC”.

16.05.2008 The Government of Bihar announced the appointment of a new Temple Management Committee “BTMC”.

13.02.2009 The Hon’ble High Court of Patna, in the Public Interest Litigation bearing CWJC No. 1487 of 2009, disposed of the said petition being satisfied that the District Magistrate has taken all steps which are necessary for preservation of the Bodhi Tree.
An order was passed by the Supreme Court in Writ Petition(C) no.41/2012 filed by a Buddhist gentleman, Mr. Wangdi Tshering, not being satisfied with the functioning of the executive body in managing the affairs of the ‘Mahabodhi Temple’, in which he sought the declaration of the Section 3 of the Temple Act as ultra Vires Article 25, 26, 29, 30 of the Constitution. By this Order the Hon’ble Court by issuing rule, issued notice to the Government of India and ‘ASI’ to file their response to the said Writ Petition, and the decision regarding Section 3 of the Temple Act is subjudice before this Hon’ble Court.
July 2012 The issue of alleged cutting of a branch of the sacred tree had created a storm again and there was clandestine removal of original Buddha images and their replacement with fake ones, in the Stupas, and as the Gaya District Magistrate Mr. Jitendra Srivastava was asked, he replied that as the ‘ASI’ has been doing the repair work on the temple complex, it would not be possible for him to make a categorical statement in this regard.
The petitioner sent a detailed representation against the inaction of executives to the Prime Minister’s Office, Home Secretary, and Director General of Police, Govt. of Bihar and regarding the illegal acts and current financial irregularities committed by the “BTMC” members.

19.12.2012 In view of Complain of petitioner the Joint Secretary, Home (Special) Department, Govt. of Bihar vide its memo no. 15269 dated 19.12.2012 directed the District Magistrate Cum Chairman “BTMC” to send the action taken report to the Home (Special) Department.

15.01.2013 The Joint Secretary, Home (Special) Dept., Govt. of Bihar, vide its Memo No. 400/Patna directed the Commissioner, Magadh Division, Gaya to conduct the necessary enquiry regarding the petitioner’s representation for redressal of his grievances and submission of report thereof on an immediate basis.

18.04.2013 The petitioner filed an Informatory Petition No. 1105/2013 under Section 39 of the Code of Criminal Procedure, with the purpose of informing the Learned Court of law about the blatant show of corruption and mismanagement of funds conducted by the Temple administration.

02.07.2013 A false F.I.R. was lodged in Police Station Gaya, P.S. No.119/13, in G.R. No. 2551 was filed against the petitioner at the behest of Temple Administration through their henchmen.

07.07.2013 Nine Blasts rocked the Mahabodhi Temple premises in 30 minutes in the Temple premises, despite numerous intelligence alerts of such an attack.

26.07.2013 The Learned Court was pleased to grant bail to the petitioner with respect to the F.I.R. was lodged in Police Station Gaya, P.S. No.119/13, in C.R. No. 2551

30.07.2013 During the pendency of the WP( C ) no. 41/ 2012 the State of Bihar had just brought an ordinance namely “Bodh Gaya Temple (Amendment) Ordinance,2013” by which the State of Bihar had amended the proviso of Section 3 of the Temple Act, 1949.
19.08.2013 HENCE THE INSTANT WRIT PETITION FILED IN THE PUBLIC INTEREST FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS OF THE CITIZENS, TOURIST AND PILGRIMS AT LARGE.

IN THE SUPREME COURT OF INDIA
CIVIL EXTRA ORDINARY WRIT JURISDICTION
WRIT PETITION (CIVIL) No. 832 of 2013
IN THE MATTER OF:
1. Arup Bramchari, @ Swami Ji
S/o Late Biranchi Pada Sarkar,
R/o IIT Kharagpur, Qr. No. C-8,IIT Campus, District Midanapur,
West Bengal, presently residing at Root Institute Road, Bodhgaya,
District – Gaya (Bihar) ……..Petitioner
VERSUS
1. The Union of India
Through Home Secretary,
Ministry of Home, Govt. of India, North Block, New Delhi – 110001.
2. Ministry of Culture,
Through its Secretary,
Ministry of Human Resource Development, Govt. of India,
Shastri Bhawan, New Delhi – 110001
3. Archaeological Survey of India,
Through its Director General,
Headquarters at: 11, Janpath, New Delhi-110011
4. Director
UNESCO – World Heritage , Ministry of Culture,
Room No. 323,’C’ Wing, Shastri Bhawan, New Delhi-110011
5. Ministry of Tourism,
Through its Secretary, Government of India,
1, Parliament Street, New Delhi -110001
6. State of Bihar,
Through Principal Secretary,
Home (Special) Department, Govt. of Bihar,
Old Secretariat, Patna, Bihar
7. Principal Secretary,
Home (Special) Department, Govt. of Bihar,
Old Secretariat, Patna, Bihar
8. Principal Secretary,
Department of Urban Development and Housing, Govt. of Bihar,
New Secretariat, Patna, Bihar
9. Commissioner,
Magadh Division, Gaya, Bihar
10. District Magistrate, Gaya, cum Chairman,
Bodh Gaya Temple Management Committee, BodhGaya, Gaya, Bihar
11. Bodh Gaya Temple Management Committee
Through its Secretary,
BodhGaya, Gaya, Bihar
12. Superintendent of Police,
Gaya, Bihar
13. Officer in Charge,
Bodh Gaya Police Station,
Bodh Gaya, Gaya, Bihar ……….Respondents
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT(S) ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬ ORDER(S), DIRECTION(S) FOR VIOLATION OF FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLES 14, 19, 21, 25, AND 26 OF THE CONSTITUTION OF INDIA ¬.

To,
The Hon’ble Chief Justice of India, And His Companion Justices of the Hon’ble Supreme Court of India.
The humble petition of the Petitioner above named;
MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is Citizen of India and filing the present Writ Petition under Articles 32 of the Constitution of India as Public Interest Litigation praying for issuance of appropriate Writ(s), Order(s), Direction(s) for violations of fundamental rights guaranteed under Articles 14,19,21,25, and 26 of the Constitution of India. The petitioner is seeking indulgence of this Hon’ble Court for the reason that there are grave security lapses, financial and administrative mismanagement, serious irregularities and criminal charges regarding abuse of official capacity and power and moral character without following the procedure laid down by law exhibited by the existing practice of the concerned officials– respondents in capacity and power thereby requesting and praying for appropriate and adequate enquiry, action and framing of guidelines for better preservation and management of the “Mahobodhi Tree / Temple” and properties appertaining thereto” Bodhgaya, India which are of the international importance.

1A. That petitioner had made written requests to the respondents for protection of Mahabodhi Temple and Holi Tree, the respondent no. 3 vide Annexure P.15 shown declination that the Mahabodhi Temple and Site are not under the protection of respondent no.3.

2. That it is most respectfully submitted that the indulgence of this Hon’ble Court is required in the interest of justice with the Indian citizens and International public at large and that the facts leading to file the present petition are as follows:

2.1 The Mahabodhi Temple, Bodhgaya, hereinafter referred as ‘The Temple’, literally meaning “Great Awakening Temple” is a Buddhist temple in the City of Bodh Gaya, India the location where Siddhartha Gautama known as Lord Buddha, is said to have attained enlightenment. The Bodh Gaya is located in the District of Gaya about 96 km from Patna, State of Bihar, India. Next to the temple, to its Western Side, is the Holy Bodhi tree. According to the Jatakas, it forms the navel of the earth, and no other place can support the weight of the Buddha’s attainment. The sacred Bodhi tree under which he is believed to have attained enlightenment. The place is highly venerated by the Buddhists. Emperor Asoka visited Bodh Gaya around 260 B.C. and constructed a small temple near the Bodhi tree. The Temple is constructed of brick and is one of the oldest brick structures to have survived in Eastern India. It is considered to be a fine example of Indian brickwork. Considering the significance of The Holy Tree and The temple, various spiritual and religious persons from countries like Japan, Myanmar, Thailand, Sri Lanka established their monasteries in the vicinity of The Mahabodhi Temple, Bodh Gaya.

2.2 That the Temple and its premises contain antiquities and monuments of great cultural and historical significance, while some of them have reserved for themselves the status of rare antiques. Since The Mahabodhi Temple is one of the oldest brick structures to have survived in eastern India, built by Emperor Ashoka who also built the diamond throne (called the Vajrasana), attempting to mark the exact spot of the Buddha’s enlightenment. The imposing structure carries various antiquities like the Stupas erected during the Mauryan period, categorically called Votive Stupas. Similarly around the tree and the Asokan platform are representations of an early temple arc found at Sanchi, on the toras of Stūpa I, dating from around 25 BC, and on a relief carving from the Stupa railing at Bhāhrut, from the early Śunga period (c. 185-c. 73 BC). Antiques like the above mentioned are under severe threat as there is rampant smuggling. Further to state that the temple was managed by Hindu Mahant under the Religious Endowments Act, 1863 and existing law of land.

2.3 That considering the necessities for better management of the ‘The Temple’ at Indian National Congress had in 1922 appointed a committee headed by Dr. Rajendra Prasad, which had recommended joint management of the shrine by both the Hindus and the Buddhists.

2.4 That India was among the original member of United Nation Organization, and signed the declaration on 01.01.1942. India became the Member State on 30.10.1945.

2.5 That after independence, the Bihar government implemented the recommendations and enacted the “The Bodh Gaya Temple Act, 1949” (Bihar Act 17 of 1949) hereinafter referred as ‘Temple Act’. Typed copy of “The Bodh Gaya Temple Act, 1949” (Bihar Act 17 of 1949) is annexed herewith and marked as ANNEXURE- P.1 (Pages to ).

2.6 The ‘Temple Act’ ended the Mahant’s monopoly over the Temple / Shrine and its properties. However, Section 3 of the Temple Act entrusted the temple management to a nine-member Committee comprising five Hindus and four Buddhists and giving hereditary membership to Shaivite Mahant and his successors in “Bodh Gaya Temple Management Committee”. After the sincere persuasion of the Central Government, as well as a memorandum of understanding between Mahant of Mahabodhi Temple and Government, the Mahant of Bodh Gaya temple formally on 23.05.1953 handed over the management of the Mahabodhi Temple and its Properties to Dr. Sarvapalli Radhakrishnan, the then Vice-President of India.

2.7 The Temple is claimed as property of State Government of Bihar, part of India. Under the terms of ‘Temple Act’ the State Government makes itself responsible for the protection, management, and monitoring of the temple and its properties. The ‘Temple Act’ also has provisions for a Temple Management Committee, and an Advisory Board.

2.8 That under Section 3 of the ‘Temple Act’ the “Bodh Gaya Temple Management Committee” is the Executive Body for management of the Temple, its land, properties and certain adjoining areas. The “Bodh Gaya Temple Management Committee”, hereinafter refereed as “BTMC”, functions under the supervision, direction, and control of the State of Bihar. By law, the Committee must consist of four Buddhist and four Hindu representatives, including the head of Sankaracharya Math monastery as an ex-officio Hindu member. The Committee is chaired by the Gaya District Magistrate, but if the Gaya District Magistrate is not Hindu, the ‘Temple Act’ requires the government to appoint a Hindu Chairman. As per Section 5 (1) of the ‘Temple Act’ the Committee serves for a term of three years. As per Section 15 (1) ‘Temple Act’ and rules thereof the Advisory Board consists of the Governor of Bihar and twenty to twenty-five other members, half of them from foreign Buddhist countries. It is further pointed out that, as per Section 11 of ‘Temple Act’, Hindus and Buddhist shall have access to ‘The Temple’, and the temple land for the purpose of worship or Pindadan. But on the other hand the ‘The Temple Act’ strictly prohibits the Animal sacrifice, bringing any alcoholic liqueur within the ‘The Temple’ or on the Temple land, as well as prohibits bringing the shoes within the Temple and its premises.

2.9 That considering the international importance and historical significance of the ‘Temple’ the United Nations Educational, Scientific and Cultural Organization hereinafter referred as “UNESCO” which is a specialized agency of the United Nations focused on its state of existence. The purpose of ‘UNESCO’ is to contribute to peace and security by promoting international collaboration through education, science, and culture in order to further universal respect for justice, the rule of law, and human rights along with fundamental freedom proclaimed in the UN Charter, thereby had conducted detailed enquiries about Mahabodhi Temple. Typed copy of Times of India News Report dated 2.8.2001 is annexed herewith and marked as ANNEXURE- P.2 (Pages to ).

2.10 That the “BTMC” does not specialise and possesses, neither expertise nor infrastructure, to repair and preserve the monument like “Mahabodhi Temple” thereby it depends upon to the Govt. of India agencies to repair the “Temple” which is a world famous heritage shrine, therefore requested Archaeological Survey of India hereinafter refereed as “ASI” which is a Union of India organisation constituted under the Central Legislation namely: the ‘Ancient Monuments and Archaeological Sites and Remains Act, 1958’ with object to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects, after some time the Gaya District Magistrate Cum Chairman blamed the “ASI” for the inordinate delay in repairing. Typed copy of Times of India News Report dated 22.10.2001 is annexed herewith and marked as ANNEXURE- P.3 (Pages to ).

2.11 That Department of Tourism, Ministry of Tourism and Culture, Govt. of India had made application to the “UNESCO” with justification for inscription of Mahabodhi Temple Complex at Bodh Gaya as World Heritage Site because the Mahabodhi Temple Complex has outstanding universal importance as it is one of the most revered and sanctified places in the world, pursuance to the Govt. of India application on 29th June 2002 ‘The Temple’ became a “UNESCO” ‘World Heritage Site’, specifically nominated for the International Heritage Program. True copy of proof of inscription dated 29th June 2002 of Mahabodhi Temple Complex at Bodh Gaya as World Heritage Site downloaded from UNESCO website is annexed herewith and marked as ANNEXURE- P.4 (Page ).

2.12 That all finds of religious artefacts in the area are legally protected under [The] Antiquities and Art Treasures Act, 1972. The temple’s head monk, as of September as of 2004, was Bhante Bodhi Pala. In the year 2006 branch of the Holy Tree was cut down under the collusion of office bearers of the “BTMC” and head monk, in this respect the District Magistrate, Gaya cum Chairman “BTMC” written Director, Agriculture Research Institute, Patna and Home Secretary, Govt. of Bihar, the image of temple was replaced at the behest of antisocial elements and smugglers with the collusion with the office bearers of the “BTMC” to sale those idols in international market petitioner being whistle blower had brought into notice regarding the commission of offence to the authorities but no outcome arrived. Typed copy of Times of India News Report dated 26.01.2007 is annexed herewith and marked as ANNEXURE- P.5 (Pages to ).

2.13 That again under conspiracy on 10.6.2007 under the order of head priest Bhante Bodhi Pal a branch of the Holy Tree was cut down, after discloser of this offence the said Bhante Bodhi Pala resigned in 2007 after he was charged with the allegation of cutting the branches of Holy Bodhi Tree on regular basis and sale them to foreigners for hefty sum of money. The petitioner on 22.6.2007 had filed a Criminal Case bearing Complaint No. 850 / 2007 in the Ld. Court of Chief Judicial Magistrate, Gaya which is pending for trial against the office bearers of the “BTMC”. Typed copy of Complaint No. 850/2007 pending in the Ld. Court of Chief Judicial Magistrate, Gaya is annexed herewith and marked as ANNEXURE–P.6 (Pages to ).

2.14 That although it was certified by the scientists appointed by the government that live branches of the Holy Bodhi Tree was cut without any approval from concerned authorities during the period when Bodhpala was Monk-in-charge. That on the request of the District Magistrate, Gaya, a team of Forest Research Institute, Dehradun, comprising of scientists visited the Bodhgaya temple on 28thJune 2007 and after inspection of the Holy Tree submitted report that the Bodhvrikhsha had gone through some stress that reflected scanty and light green leaves in the canopy, damaged roots and bark. The reason could be due to high intensity electric lights causing hindrance to the respiration process in the night, soil being devoid of any other vegetation suggesting unfavourable environment for the growth of plants which may be due to heavy metal toxicity, among other factors. Finally team of Scientist of Dehradun Forest Research Institute had conducted detailed inspection of the Mahabodhi Tree and made a categorical Observation on the Bodhivriksha vide joint report dated 28.6.2007.Typed copy of Scientist Report dated 28.6.2007 by Scientists of Dehradun Forest Research Institute is annexed herewith and marked as ANNEXURE- P.7 (Pages to ).

2.15 That incident of cutting the branches of Holy Bodhi Tree on regular basis and sale them to foreigners for hefty sum of money had condemned by all corners, the media had covered this incident as well as the petitioner’s efforts for the protection of Idols, images and Mahabodhi tree, same is reported on 9.7.2007 in Outlook Magazine. Photostat & typed copy of report dated 9.7.2007 published in Outlook Magazine is annexed herewith & marked as ANNEXURE– P.8 (COLLY) (Pages to ).

2.16 That following the expiration of the Committee’s term in September 2007, the government of Bihar delayed the appointment of a new Committee. The District Magistrate, Gaya has served as Administrator for the temple pending the appointment of a new Committee.

2.17 That pursuance to the petitioner’s complaint a Case was registered bearing Complaint No. 850/2007 (Arup Brahmachari Vs. Jitendra Srivastava and others), the Chief Judicial Magistrate on 16.10.2007 sought enquiry and report from Magadh Division Commissioner, which the answered by the Magadh Division Commissioner enquiry report dated 01.12.2007. The aforesaid reply on 01.12.2007 from the Commissioner, Magadh Division, Gaya, Bihar, to the Chief Judicial Magistrate, Gaya contained enquiry report on the complaint by the petitioner regarding mismanagement and abuse of funds of the Bodhgaya temple. It contained the explanation that the “BTMC” is entrusted with the management and control of Bodhgaya main temple and the land and the properties appertaining thereto under the Bodhgaya Temple Act and, B.T.M.C has absolute control over the same, and nothing can be done by anyone without the knowledge and permission of the “BTMC”. That the persons arrayed as accused in the Complaint Case are “BTMC” members and authorities. It has been admitted and accepted in the aforesaid letter that the (witnesses stated, namely Deepak Malaker and Ajay Paswan) that accused no. 3 Bhante Bodhipal ordered the working employee of “BTMC” Deepak Malakar to cut down some cardinal parts of the great pipal tree and in obedience the latter cut down the branches in the presence of the accused. The Commissioner further reported that some leaves of the great pipal tree were collected by the special staff at the time of spring and sold to special friends by the culprits through their high voltage techniques. Besides the Commissioner also alleged monetary scandal, that should be checked by Special Audit and Judicial Enquiry, also pointed out nefarious activities. In conclusion the Commissioner, found (Accused no.2 in the letter) Dr. Kalicharan Yadav, Accused no.3 Bhante Bodhi pal, Accused no. 4 Bhajju Yadav are involved in some nefarious activities like cutting the branches of the great pipal tree, not maintaining any logbook, which is mandatory to even touch the pipal tree. Further no account of how many leaves are being cut or collected was kept. Besides there was report that these people are exploiting the temple area and properties for their personal gain. It is pertinent to mention that a suggestion came in the very same letter by the Commissioner to institute an inquiry of a high powered team and the complaint case instituted by the petitioner was correct and thereby apt legal action should be taken against the guilty. Typed copy of enquiry report dated 01.12.2007 from the Commissioner, Magadh Division, Gaya, is annexed herewith and marked as ANNEXURE- P.9 (Pages to ).

2.18 That intimation was sent by the petitioner to the office of the Chief Minister, Bihar, reporting this incident and also an urgent prayer to save, protect the Holy Tree, and idols of the Mahabodhi temple and stop mismanagement of funds.

2.19 That Superintending Archaeologist of ASI, Patna Circle emphasised that conservation work of Mahabodhi Temple at Gaya will be based on archaeological norms and principles to be followed while initiating conservation process. Typed copy of newspaper report dated 20.1.2008 published in Times of India is annexed herewith and marked as ANNEXURE- P.10 (Pages to ).

2.20 That the petitioner had filed a Public Interest Litigation in the Hon’ble Patna High Court regarding mismanagement of the fund of Mahabodhi temple and its mal-administration, the said petition was with observation to raise the grievances before State Government. Typed copy of Order dated 03.03.2008 passed in CWJC No. 1565 of 2008 by the Hon’ble Patna High Court is annexed herewith and marked as ANNEXURE- P.11 (Pages to ).

2.21 That due mal-administration the condition of law and order in the Mahabodhi Temple and in the vicinity was pathetic which brought in the notice of media and in a magazine namely Newsweek a detailed article is published on 10.03.2008 titled as “Big Trouble Under Banyan Tree” in the said article it is narrated that how the innocent people are duped, women feel unsafe after dark, violence and fear stalk anyone who dare to protest. Photocopy & typed of the article is published on 10.03.2008 in the Newsweek is annexed herewith and marked as ANNEXURE-P.12(COLLY) (Pages to )

2.22 That pursuance to the observation dated 3.3.2008 of Hon’ble Patna High Court, the petitioner filed detailed representation pointing out all the mismanagement of fund of Mahabodhi temple and mal-administration by the “BTMC” and eventually, on May 16, 2008 the Government of Bihar announced the appointment of a new Temple Management Committee “BTMC”.

2.23 That since the temple is managed administratively and financially by ‘BTMC’, the petitioner had asked certain questions on 03.06.2008, 12.06.2008, 14.11.2008, under Right to Information Act,2005, regarding the Bodhi Tree and the temple to which the office of “BTMC” failed to provide appropriate information on 10.12.2008, gave vague, dilatory, and irrelevant answers to the petitioners questions.

2.24 That no action has been taken by the State of Bihar authorities for the protection and preservation of the Mahabodhi Temple Area, which compelled the petitioner to knock the door of Hon’ble Patna High Court by filing Public Interest Litigation bearing CWJC No. 1487 of 2009, the Hon’ble High Court had disposed of the said petition being satisfied that the District Magistrate has taken all steps which are necessary for preservation of the Mahabodhi Tree. Typed copy of Order dated 13.02.2009 passed in CWJC No. 1487 of 2009 by the Hon’ble Patna High Court is annexed herewith and marked as ANNEXURE- P.13 (Pages to ).

2.25 That further it is pertinent to mention here that a group of Buddhist not being satisfied with the functioning of the executive body in managing the affairs of the Mahabodhi Temple, therefore a buddhist gentleman, Mr. Wangdi Tshering filed a Writ Petition(C) no.41/2012 in which he sought the declaration of the Section 3 of the ‘Temple Act’ as ultra vires Article 25, 26, 29, 30 of the Constitution. That on 17.02.2012 this Hon’ble Court by issuing rule, notified the Government of India and ‘ASI’ to file their response to the said Writ Petition, the Section 3 of the Temple Act is subjudice before this Hon’ble Court. Typed copy of the order dated 17.02.2012 passed by Hon’ble Supreme Court in Writ Petition(C) No.41/2012 is annexed herewith and marked as ANNEXURE- P.14 (Pages to ).

2.26 That it is essential to refer here that Bodh Gaya is a world famous tourist spot for spiritual tourists and with respect to religious tourism numerous tourists visit on a daily basis Bodh Gaya, and by the Tourism activity, Government of India is earning a good amount of foreign revenue. For the identification of the circuits across the country, the respondent no.5 had appointed a consultant and in the month of March 2012, such Consultant-Company had submitted an exhaustive project report for the promotion of Buddhist Tourism in the country. In that very report, Bodh Gaya was ranked no.1 in the tourist circuit demarcated by the aforesaid ministry.

2.27 That petitioner requested the “ASI” for the protection of Mahabodhi Temple and its properties, ultimately the Director General, Archaeological Survey of India on 30.3.2012 informed the petitioner that the Mahabodhi temple and site are not under the protection of “ASI”. Typed copy of e.mail sent by Director General, Archaeological Survey of India on 30.03.2012 is annexed herewith and marked as ANNEXURE- P.15 ( Page to ).

2.28 That in the report of Scientist they made inferences about the branch cut under references that was a bold show of the mismanagement and neglect of the committee to pay head to the conservation of the tree and such also established the declining health of the Bodhvrikhsha. Further the report also suggested some immediate steps to be taken for restoration of health of the Bodhivriksha. It is pertinent to mention that among all the suggestions made by the forest pathology division scientists have not been implemented till date.

2.29 That it is pertinent to mention that amongst all the aforesaid misgivings there is no protection of the natural mechanism of the tree to receive its natural food through its roots as the devotees create a crowded ambience in the effort to collect fallen leaves, abrogating thereby all the rules with respect to the safety and security of the Holy Tree. Besides extravagant Pujas are held within the temple complex jeopardising the ancient structure to a great extent, as there is unchecked use of loud speakers and decorative lights. It is further submitted that there have been unending reports of heritage idols being stolen (as per 1975 survey) and large scale misappropriation of Temple funds.

2.30 That there has been no inspection with regard to the progress of the conservation or restoration works of the tree or the temple. Further it is submitted that the idols, from the Stupas, the motifs and the ancient artefacts connected with the temple of great historical value and worth are mysteriously disappearing. However innumerable complaints have been made but none have yielded any results. The lingering issue is that the Stupas carry rare Buddha images commanding a very high price in the international antique market. And, it’s precisely because of this; these images have always been covetously eyed by smugglers and idol thieves. For the last several decades, allegations have been rife that the original Buddha images were removed from these Stupas and other parts of the shrine structure and replaced by similarly-looking fake images. Leaders of the neo-Buddhists, including All-India Monks Association general secretary Bhadant Anand, have raised the issue of alleged image theft time and again.

2.31 That the petitioner had informed the local police and other authorities for taking action against the officials of “BTMC” finding no action he sent letters to higher officials for taking suitable legal action in this matter, even the sapling planted by Karmapa faces uproot and “BTMC” is planning to shift the sapling elsewhere to avoid confusion, it is pertinent to mention here that what so ever the “BTMC” wants the Committee members never bothered for any norms, they allowing anyone to act or change the Spire of temple if they oblige the Committee members, newspaper reported the issue of sapling. Typed copy of Times of India news report published on 01.09.2012 is annexed herewith and marked as ANNEXURE- P.16 (Pages to ).

2.32 That the issue cropped up once again in July 2012 when the issue of alleged cutting of a branch of the sacred tree had created a storm as mentioned above already. Further there was clandestine removal of original Buddha images and their replacement with fake ones, in the stupas, and as the Gaya District Magistrate Mr. Jitendra Srivastava was asked, he replied that as the ‘ASI’ has been doing the repair work on the temple complex, it would not be possible for him to make a categorical statement in this regard.

2.33 That the petitioner sent a detailed representation against the inaction of executives to the Prime Minister’s Office, Home Secretary, Govt. of India & Govt. of Bihar, Director General of Police, Govt. of Bihar and regarding the illegal acts and current financial irregularities committed by the “BTMC” members. Typed copy of petitioners representation dated 28.10.2012 against the inaction of executives to the Prime Minister’s Office, Home Secretary, Govt. of India & Govt of Bihar, Director General of Police, Govt. of Bihar is annexed herewith and marked as ANNEXURE- P.17 (Pages to ).

2.34 That in view of the Complaint of petitioner the Joint Secretary, Home (Special) Department, Govt. of Bihar vide its memo no. 15269 dated 19.12.2012 directed the District Magistrate Cum Chairman “BTMC” to send the action taken report to the Home (Special) Department.

2.35 That the illegal acts of the previous committee members has been condemned worldwide, regarding the illegal plantation a news is reported in daily newspaper. Typed copy of Times of India news report published on news dated 09.01.2013 is annexed herewith and marked as ANNEXURE- P.18 (Pages to ).

2.36 That it is relevant to mention that the petitioner had sent a representation to the Home Ministry, Government of India, and thereby finding gravity in the petitioner’s complaint, the Government of India had sought report from the State of Bihar. Accordingly the Under Secretary Cum Nodal Officer Home Department., Govt. of Bihar, vide its memo no. 178, dated 10.01.2013, directed the Deputy Inspector General (Human Rights), Bihar, Patna to take immediate action within 15 days and ensure sending compliance report to the Ministry of Home, Govt. of India. Further the Joint Secretary, Home (Special) Dept., Govt. of Bihar, vide its Memo No. 400/Patna dated 15.01.2013, directed the Commissioner, Magadh Division, Gaya to conduct the necessary enquiry regarding the petitioner’s grievances representation and submit report thereof on an immediate basis.

2.37 That on 18.04.2013 the petitioner filed an Informatory Petition No. 1105/2013 under Section 39 of the Code of Criminal Procedure, with the purpose of informing the Court of law about the blatant show of corruption and mismanagement of funds conducted by the Temple administration, despite innumerable complaints and representations of the petitioner to the relevant authorities in capacity and authority to take absolute steps. It is further pertinent to mention that there has been an open defiance and complete non-compliance of the directions given by the Hon’ble High Court of Judicature, Patna. The latter asked the then District Magistrate of Gaya, to furnish the report of corruption taking place in the Holy Mahabodhi Temple premises. Further the Principal Home Secretary, Government of Bihar, has sent letter of inquiry to the District Magistrate, Gaya regarding the rampant corruption and mismanagement, yet the same has gone unheeded. It is pertinent to mention that due to the overtures of the petitioner to save the Temple and the Holy Tree from ruin and decay, the Gaya District Administration fabricated a false case against the petitioner and attempted to fasten criminal liability on him, with the purpose of deterring the petitioner from his purpose. Thereby the petitioner filed the Informatory Petition seeking audience to his unheard pleas regarding the subject matter in the Court of Justice and furthering the prayer that his person and property be protected in view of the conspiracy of the state authorities. That on 02.07.2013 a F.I.R. was lodged in Police Station Gaya, P.S. No. 119/2013, in G.R. No. 2551 was filed against the petitioner, which is a proof of the aforesaid submission. Further on 26.07.2013 the Learned Court was pleased to grant bail to the petitioner with respect to the F.I.R. was lodged in Police Station Gaya, P.S. No. 119/13, in C.R. No. 2551 dated 02.06.2013, the Learned Court of Session, Gaya was pleased to grant him anticipatory bail to the petitioner. Typed copy of the Informatory Petition No.1105/2013 dated 18.04.2013, is annexed herewith and marked as ANNEXURE- P.19 (Pages to ).

2.38 That the petitioner on 23.04.2013 made a representation to the Chairman of Bodhgaya Temple Management Committee, protesting severely against the deliberate inadvertence of the management authorities towards the upkeep and maintenance of the Ancient Pancha Pandava Temple, which in sync with the proclamation of the ‘UNESCO’ is a World Heritage Site, and a part of the Temple, apart from pointing out the irreversible damage caused by the decisions of the ‘BTMC’ through its officials, to allow gold inlay works, and embedment of semi-precious and precious stones on the historically acclaimed statutes of the Buddha. The essence of Buddhism, and the purpose of the same to be preserved in a whole, furthered also by the ‘UNESCO’ by its act of proclaiming, The temple and everything in and around its premises, as a world heritage site, gets defeated if such show, pomp and splendour is displayed. The aforesaid is thus a mode of attracting more unaccounted money in the corrupt corners of the ‘BTMC’, whilst there continues complete disregard of the more immediate issues of safety, security and preservation of the Ancient heritage site. Typed copy of the petitioner’s representation dated 23.04.2013 to the Chairman of Bodhgaya Temple Management Committee is annexed herewith and marked as ANNEXURE- P.20 ( Pages to )

2.39 That it is worthwhile to refer here that through numerous representations and resolutions, the World Heritage Committee, ‘UNESCO’, had recommended the respective Indian Authorities to develop overall management plan to protect and regularly monitor the World Heritage Site due its spiritual and historical significance. Further vide ‘UNESCO’ World Heritage Centre-Decision-30COM 7B.64, and 34COM 7B.70 the World Heritage Committee has strongly recommended as a matter of priority to designate the said Heritage Site, i.e. the Mahabodhi Temple property under Central Legislation and for declaring the same as a ‘National Monument’. True & typed copy of the recommendations of the UNESCO World Heritage Centre-Decision-30COM 7B.64, and 34COM 7B.70 respectively are annexed herewith and marked as ANNEXURE- P.21 (Colly). (Pages to )

2.40 That the Delhi Police team had claimed to have alerted to the State of Bihar officials that, terrorists had planned to attack the Mahabodhi temple. The first hint of Bodh Gaya being a target came in October 2012 when three suspected Indian Mujahideen operatives were arrested in Delhi and maps of the Temple Complex seized from them, security officials reported such yet despite the warning there has been a lapse. Further in spite of the Delhi Police having shared the inputs with the intelligence agencies and Bihar Police about a possible terror attack, absolutely no prevention was devised by the latter to avert the terror attack and bomb blast at Mahabodhi Temple premises that took place on 07.07.2013. That nine Blasts took place in 30 minutes in the Mahabodhi Temple premises, despite numerous intelligence alerts of such an attack. Further the same was reiterated by a Reuters report on 07.07.2013 which exhibits the negligence of the authorities to protect the site. That after the incident the Chief Minister of Bihar demanded deployment of the Central Industrial Security Force (CISF) to protect the world famous Buddhist shrine. That further it has been learnt from reliable sources that Bihar is set to spend Rs 5 million each month for the deployment of 261 Central Industrial Security Force (CISF) personnel at the Mahabodhi temple. On the recommendation of the CISF the said program is to burden the State Exchequer Rs.50 lakh monthly towards salaries, pension funds, logistics and accommodation. Photostat & typed copy of Downloaded copy of the News reports published on 07.07.2013/ 08.07.2013 in the national newspapers are annexed herewith and marked as ANNEXURE- P.22 (COLLY) ( Pages to ).

2.41 That just to cover up the security lapses of the State Authorities as well as mismanagement in the affairs of the Mahabodhi Temple the District Administration, Gaya police, in collusion and connivance with the ‘BTMC’ harassing the traders who are peacefully running their business to support their livelihood in the vicinity of the Mahabodhi Temple. It is worthwhile to mention that in the garb of security prevention program the innocent public at large of Bodh Gaya, are being harassed unnecessarily, especially in and around the area called “Lal Paththar”. It is specifically submitted here that the shops and the property especially belonging to the Hindus are being singled out in demolition drive and their basic human and fundamental rights are being grossly violated by the inaction on the part of the State Administration through their officials as well as the Local Police are inflicting atrocities on populace at large.

2.42 That the petitioner had brought to notice of the Central Government and the other authorities concerned as per law, issues, events and facts regarding the rampant corruption in the Mahabodhi Temple, as well as cutting of the Holy Tree issue. Thereon he had also reasonably apprehended that the District Administration, Gaya police, in collusion and connivance with the officials of “BTMC” and their henchmen are trying to frame the petitioner in false and frivolous cases and in relation to the same voiced the apprehension of brutal attack and such similar display of criminal force. It is pertinent to mention that in light of the aforesaid facts and circumstances the petitioner’s life is under a serious threat, and his free movement thereby is not possible in the State of Bihar. Therefore anyhow he managed to come to Delhi to file the present petition for this Hon’ble Court.

2.43 That during the pendency of the WP( C ) No. 41/ 2012 the State of Bihar on 30.07.2013, had just brought an Ordinance namely; “Bodh Gaya Temple (Amendment) Ordinance, 2013”. That by the said Ordinance the State of Bihar had amended the proviso of Section 3 of the Temple Act, 1949 by which the legislature had made it mandatory that in case of Non-Hindu District Magistrate , Gaya , some other person from the Hindu Community shall be nominated as the Chairman of the “BTMC”. After the Bodh Gaya Blast, by bringing about such formality of the Ordinance, the State of Bihar and its authorities had purported to discharge its responsibility towards the Temple and its Properties, just to wash off their hands from any corresponding liability regarding questions posed on ‘Temple’ security and management of the ‘World Heritage Site’. It is pertinent to mention here that despite the alerts from the above mentioned appropriate authorities, the Respondent no. 5 to 11 had completely failed to discharge their statutory duties and obligations.

2.44 That under the abovementioned facts, circumstances and with the passage of time and taking into consideration, the contemporary sequence of national and international events plus developments and their relative significance, politically, economically, culturally and historically, with special emphasis on the stepping in of the United Nations Organisation, through its Body, The ‘UNESCO’, ‘the Bodh Gaya Temple Act, 1949,’ had lost its relevancy and significance in the current space and time. In view of the above submissions, it is humbly prayed that The Mahabodhi Temple is required to be protected, preserved and conserved as per the provisions of ‘The Ancient Monuments and Archaeological Sites and Remains Act, 1958.’

2.45 That the Petitioners has not filed any other similar Writ Petition on this subject matter before this Hon’ble Court or any other High Court in India.

That this writ petition is preferred inter-alia on the following
amongst others GROUNDS :
For that, after the declaration of the ‘Mahabodhi Temple’,

A. ‘The Holy Tree, its Premises and Properties,’ as ‘World Heritage Site’, by the United Nations Organization through ‘UNESCO’ which is under List I, Entry 12, of the SEVENTH SCHEDULE, as per the provision of Article 246, of the Constitution of India, the Indian Parliament, is empowered to make laws on this subject. Further the recommendations of the United Nations Organisation and its corresponding associated bodies like the ‘UNESCO’ is in the nature of promissory estoppel upon Union of India as a Member State.

A.1 For that, under List I, Entry 67, of the SEVENTH SCHEDULE, of the Constitution of India, Ancient and Historical monuments and records and archaeological sites and remains (declared by or under law made by Parliament) to be of national importance, considering the antiquity and historical significance of Temple, exclusively, the law made by the Parliament would be applicable thereby.

B. For that ‘The Bodh Gaya Temple Act, 1949’, only provides provision for the better management of the Bodh Gaya temple and properties appertaining thereto, and there is no express and specific provision for its protection of the Temple which is of National and international importance.

C. For that, under the List III, entry 40, of the Concurrent List, the State of Bihar has failed to enact any legislation for the protection and preservation of the Mahabodhi Temple and its properties appertaining to, whereas the entry expressly provides for the Archaeological sites and remains other than those to be of national importance to be protected and preserved by specific law.

D. For that, Indian parliament had brought for the Ancient monuments and Archaeological Sites and Remains Act, 1958, considering the necessity of preservation of ancient and historical monuments, and archaeological sites and remains of national importance, and protection of sculptures, carvings and other like objects, and this Act is applicable to whole of the country, therefore, this provisions of this Act are also applicable to the ‘Mahabodhi Temple’ and properties appertaining therefore.

E. For that, since The Mahabodhi Temple is one of the oldest brick structures to have survived in eastern India, containing invaluable and numerous idols and sculptures and the various antiques which remain situated in the temple and the temple premises are exposed to regular threat of smuggling, fraudulent dealings and black-marketeers, and such unlawful and illegal acts are in the contravention of the Antiquities and Art Treasures Act, 1972. But in absence of declaration of Bodh Gaya Temple as ‘National Monument’, by the respondent no. 2 and 3, such criminal and nefarious activities are on an increase which is highly detrimental in public interest. The provisions of the said ‘Temple Act’ are not as of now are not applicable, and the State of Bihar and its instrumentalities having no similar law to curb such crimes.

F. For that, the State of Bihar and its instrumentalities have failed to prevent the damage of the public property of the nature of such National and International significance, and on the other hand, their inaction, coupled with their collusion and connivance with the ‘BTMC’ have thereby exposed the Holy Tree to severe damage as well as misplacement of various idols and votive stupas, of the Mahabodhi Temple, which is an explicit show of gross negligence towards the protection of the said public property. Thus they have exhibited dismal failure to enforce the Prevention of Damage to Public Property Act, 1984.

G. For that, India is a Sovereign Socialist Secular Democratic Republic, and the Constitution of India guarantees all persons and every religious denomination to profess, practice and propagate their own religion. Therefore the same freedom is required to be protected and preserved under Articles 25 and 26 of the Constitution of India.

H. For that the State of Bihar and its instrumentalities completely failed to maintain the security of the Temple, its premises, its properties, the pilgrims, the tourists and the common populace safety and security. Further in the wake of the 7th July 2013 blasts the entire vicinity of The Temple and the population thereof, the right to life has been badly affected and their constitutional right to life and liberty guaranteed under Article 21 of the constitution of India has been infringed.

I. For that in the garb of maintaining law and order, after the blast, the local police are committing large scale atrocities on the general masses, in the vicinity of the Temple, denying thereby the citizens their constitutional right to Freedom under Article 19(1) (g) of the Constitution of India.
PRAYER
In view of the facts and circumstances mentioned above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:
A) Issue an appropriate Writ/Direction/Order declaring and holding that provisions of “The Bodh Gaya Temple Act, 1949” are ultra virus to provisions of Constitution of India and the same be quashed, And/ Or
b) Issue Writ of Mandamus and appropriate Direction /Order may kindly be passed by which Respondent No. 2 and 3 are directed to complete the legalities with respect to declaring and assigning the “Mahabodhi Temple and the properties appertaining thereto” as National Monument and be protected under the provisions of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Rules thereof as well as, [The] Antiquities and Art Treasures Act, 1972, And/ Or
c) Issue Writ of Mandamus and appropriate Direction /Order may kindly be passed by which Respondent be direct to formulate Security Guidelines for the Disciples, Tourists and Visitors for the Mahabodhi Temple and its sites as well as frame guidelines for the preservation and maintenance of Mahabodhi Holi Tree, And/ Or
d) Issue an appropriate Writ/Direction/Order kindly be passed by which the respondents will maintain transparency and accountability with regard to financial management, donations and similar inflow of funds of the ‘Mahabodhi Temple and its properties appertaining thereto’, and the same be annually audited by the Controller and Auditor General of India, And/ Or
e) Issue an appropriate Writ/Direction/Order kindly be passed by which the respondents would ensure the safety and security of the public, tourist, pilgrims, the general masses inhabiting and professing their livelihood, And/ Or
f) Issue an appropriate Writ/Direction/Order kindly be passed by which the respondents are directed to implement the directions of the UNESCO for the overall betterment and sustenance of the Mahabodhi Temple and its properties appertaining thereof, as well as devise development plans and develop the Bodh Gaya city in a time frame considering its international importance, And/ Or
g) Issue an appropriate Writ/Direction/Order kindly be passed by which the respondents no. 1 to 3 to enquire about the lapses/misfeance of the authorities so that appropriate liability can be affixed followed with the necessary legal action in the matter, And/ Or
h) Pass such further or other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.
Drawn by:
Ms. Joyoti K. Goyal Advocate
Settled by:
Filed by:
Ravi Shankar Kumar Advocate
Drawn on:08.08.2013 (Nitin Kumar Thakur)

Filed on: 29.08.2013 Advocate on Record for Petitioner

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) No. 832 OF 2013
Arup Bramchari, @ Swami Ji ……..Petitioner
VERSUS
The Union of India and others …..Respondents
AFFIDAVIT
I, Arup Bramchari, @ Swami Ji presently at New Delhi, do hereby solemnly affirm and declare as under:
1. That I am petitioner in the above captioned matter and as such I am well conversant with facts and circumstances of the present case and I am also authorized by other co- petitioners to file the present petition and whence I am competent to swear this affidavit.
2. That I have gone through the accompanying Writ Petition Containing Para 1 to 30 and pages Nos. 1 to 35 and the list of dates Pages B to L which has been drafted by my Counsel on my instructions. I have read and understood the contents of the same, which are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therein.
3. That the Annexure filed along with the Writ Petition are true and correct copies of their respective originals, which form part of the records of the Court below.
4. That this petitioner has not moved earlier to this Hon’ble Court for the similar relief prayed in the instant Writ Petition.
Deponent
VERIFICATION
I, above named deponent, do hereby solemnly affirm and declare at New Delhi on 29th day of October, 2012 that the contents of Para 1 to 5 at above affidavit are true to my knowledge and belief, no part of it is false and nothing material is concealed.

Deponent

BOMB BLAST TRUTH OF HOLY MAHABODHI TEMPLE

7 Aug

12[1]1[1]

Dear Brother’s & Sister’s,

Is there any one in any society who does not love his / her people ? Is there any one in the society who don’t help the society if any outsider attack on his / her community’s Pride ? MahabodhiTemple is the PRIDE of the INDIA. If you say no every one loves his / her community then why no locals are helping the Bihar Government to find out the culprits of Holy Mahabodhi Temple bomb blast !!!??? How it is possible that every one don’t love his community ??? Why the National Investigating Team stand still where they were before even after one month ??? They detain 125 people till today but result is ZERO !!!!??? When the ghost is in the master seed then how you can remove ghost through it ? WHY THERE IS NO BOMB BLAST AT ANY THAI TEMPLE WHEN THAI TEMPLES ARE CROWED EVERY TIME ? This fundamental question must be asked by every one to find out the answer regarding bomb blast at Mahabodhi Temple ? The Thai’s are the biggest donors of Mahabodhi Temple and if any bomb blast took place then huge revenue loss that is why government was very scientific before planning of Bomb blast. The Burmese killed the Muslim’s at Burma but at Bodhgaya no Burmese’s Temple targeted by the terrorist !!!??? The 17th Karma Pa Ugen Trinly Dorje is a Chinese Spy as per available intelligence to Govt. of India. Bomb blast took place to warn him to stop His activity in India. The terrorist are not foolish that when Karma Pa was not here at Bodhgaya they will plant bomb to blast. The Targa Temple at by pass not blown up so what type of Bomb blast it is ??? Tibetan not killed any Muslims so why Karma Pa targeted ? WHY THE MAHABODHI TEMPLE MAIN STRUCTURE NOT DAMAGE ? WHY 80 FEET BUDDHA STATUE NOT DESTROYED ??? WHY TARGA TEMPLE NOT BLOWN UP FULLY ??? KEEP IN MIND BOMB BLAST TOOK PLACE AT SECURITY PROTECTED PLACE BUT 80 FEET BUDDHA STATUE NOT PROTECTED AREA !!!

Can you remember the pentagon attack story 9 / 11 ? The question is Where are all the tapes from the petrol pumps and high rise buildings around the Pentagon ? If you ask about the tapes under any act of USA then the contract killers of FBI will come at night to shoot you.

It is same thing happened with Mahabodhi Temple to save the nose of Bihar infront of Buddhist World as well as World Heritage Committee. Since long time Bihar Government was not able to fulfil the basic demand of World Heritage Site due to protest of the Locals. And now the Biggest Party BJP is now out of the Bihar Government and next election is very near, no ways & means Mr. Nitish Kumar Ji is coming back to power at Bihar that is why before leaving the Office he wants to save his future in the eyes of Buddhist world to gain investment in the state. Now every officer is busy to implement the rejected Master Plan, Look at the acts at Bodhgaya now. Now Under Right to Information Act the Mahabodhi Temple Management gave in writings that no guide line has been given to them by World Heritage Committee !!! Please look at the World Heritage web page where 2 resolution about Mahabodhi Temple you can see.

Do you think Muslim Terrorist Groups are foolish not to damage Mahabodhi Temple, Holy Bodhi Tree, Buddhist Monks & Public when they were planing such huge Bomb Blast at Bodhgaya ? You think what is the best logical effects of any revenge as per meaning of revenge ? Look around the world how brutal outcome come from Muslim Terrorist bomb blast so how it is such that nothing huge happened at Bodhgaya ? Do they want to give lollypop to Buddhist at Bodhgaya if they really planted bombs ? Why till today no Islamic groups took responsibility of attack

DEAR BROTHER’S & SISTER’S ONE DAY THE GOVERNMENT MAY SHOOT ME BECAUSE I AM THE BIGGEST HEADACHE FOR THEM. I AM ALWAYS TAKING UP THE CORRUPTION ISSUE OF MAHABODHI TEMPLE WHICH EMBARRASS THEM TO OUTER WORLD. I WILL TELL YOU MORE TRUTH TIME TO TIME AT FACEBOOK.  Now read the following letters & Right to Information to government.    

 

from: Arup Bramhachari <arupteresa@gmail.com>

to: cs-bihar <cs-bihar@nic.in>, secy-home-bih <secy-home-bih@nic.in>, secy-tourism-bih <secy-tourism-bih@nic.in>

date: Tue, Aug 6, 2013 at 11:25 PM

subject: Reminding letter of regarding Bomb Blast at Holy MahabodhiTemple which wrote to you on dated 31-07-2013.

mailed-by: gmail.com

 

To                                                                                Date : 06-08-2013

The Chief Secretary of Bihar

Old secretariat, Patna, Bihar.

The Principal Home Secretary of Bihar

Old secretariat, Patna, Bihar.

The Secretary of Tourism

Old Secretariat, Patna, Bihar.

Subject :  Reminding letter of regarding Bomb Blast at Holy Mahabodhi Temple which wrote to you on dated 31-07-2013.

Respected Sir,

I wrote a letter to Hon’ble Chief Minister Mr. Nitish Kumar on dated 31-07-2013 regarding Holy Mahabodhi Temple Bomb Blast issue and connected events related to Bomb Blast at bodhgaya which you all also received. It is bad luck for the nation that our officers when face problem then they never response to the citizen. We the citizens of India with trust pay you salary to do your duty duly for us but not for replying our grievances. This is humble plea that if you can’t do your duty duly then where is the problem to leave the job honestly so that some capable candidate can sit over it and listen our grievances duly. Yes, respect sir we the public is the boss by the constitutional power and we are paying you so every citizen has rights to tell you to take the right path. You all never reply to my plea when ever I knocked your door since 2006. Therefore it is obvious that my wards are naturally hard towards you.

Here are my questions which must be reply by government because I am asking about an issue which bow down the Head of the Nation infront of the World.

( A )   You got information from the Government of India in the month of March 2013. So from that time why you did not notice all the shops of Mahabodhi Temple area to clear up to protect Mahabodhi Temple because the Terrorist may attack the Holy Mahabodhi Temple ? 

( B )   The security you have to arrange inside the temple not out side the Temple. When your inside is protected and all the walls is more than 15 feet high with night vision camera and the security man is doing their duty duly then how a person can enter the Temple with Bomb in future ? Why your wisdom is not right direction ?

( C )   Do you know what is the verdict of Allahbad High Court on 24TH Sept. 1998 regarding displacement of the shops from the Mathura Krishna Janambhoomi temple ? Giving Security is the State concern. For example — When Andhara Prasesh can give security to 15,000 kgs golden temple at Vellor which newly built and world most expensive golden temple, The Tripati Balaji is 600’s of Kgs gold protected by Tamilnadu Government, When Sikh Golden Temple is 600 kgs of gold protected by Panjab Government and Bangla Saheb 600 kgs golden temple protected by Delhi government then Why Bihar can’t protect a stone temple ?  Is it not proved that the Bihar Administration is most useless even to protect a stone temple in India ? All the above temples are having more money power and more visiting devotees than Bodhgaya.

( D )   The Principal Home secretary admitted that the bomb blast took place due to negligence of temple management. So the question is what your intelligence is doing from March 2013 to before 7th July 2013 ? Do they informed you about security laps any time ? If not then how TempleManagement is guilty in your report ? 2 times your DIG took security meetings at Mahabodhi Temple Library Hall before Bomb Blast, So what kind of security meeting it was that no one talks about Night Vision camera ? What kind of meeting it was that no one talk about inside security laps ? If your security was doing duty inside duly then how a person can plant a Bomb in the night OR in the morning ? Where is security from 5 AM to till 8-9 AM and again 6 PM to 9 PM at entrance gate of MahabodhiTemple ?  Why your inside security did not sent written to you that your security and the private security guard not doing their duty duly ? Therefore What type of officers you have whom we the citizen are paying salary ?

( E )   When you are telling that the Mahabodhi Temple Management is guilty for negligence of work then why the committee was not dissolve even after one month ? Why the Chairman The DM Bala Murugan D, The Commissioner of Magadh, The DIG of Magadh not suspended / OR Transfer to other place because they are members of different committees of Mahabodhi Temple ? Your DIG Mr. Hasnayan Kha Ji himself sent you report that the DM of Gaya Mr. Bala Murugan D never present at security meeting then what are the steps you have taken after receiving his report ? No action against any one govt. person and you are only blaming Cobra Security Guard !!!!! ????

( F )   The twitter page of Indian Muzahiddin you close down within a day and you are telling that it was made from Pakistan then tell me why Mao Vadi web page not stop by you till today ? Why other terrorist group web page not stop by you ? Why lots of web page we can see in the google ? All the Mao Vadi web page made from India ? Even LTTE web page run from South Africa at that time you did not stop it – Why when they killed our beloved Rajiv Gandhi ? Within a short notice why you appeal to stop the Indian Muzahiddin page ? Why you did not give opportunity to find out the truth by the public that is it really from Pakistan or not ? You are not stopping Mao Vadi but stopping only one page Indian Muzahidden !!!!!!!!????? Is it not a joke with the truth  ???

( G )   Where ever the Indian Muzahidden did bomb blast in India there were huge damage but no damage at bodhgaya — Why ? Do you think Indian Muzahiddin are foolish that they will not give damage to Mahabodhi temple, Holy Bodhi Tree, Monks & Public when they have intension of taking revenge against Buddhist for Burmese Killing ? If they really did this bomb blast then where is big damage at Mahabodhi temple ? Within 6 Kgs. Bomb more bigger blast can be down. All the bomb planted in such a place that no damage can take place any where in the main temple area – why !!! Do you think Indian Muzahiddin are stupid enough to plant all the Bombs in places where only glass window blow up and do you think it is consider as a damage if it a logic of revenge ? Even If Terger Temple at Bypass demolish and 80 feet stupa demolish then there is some kind of logic of revenge but no where no solid damage and you want to say it is down by the Indian Muzahidden !!!!!!!!!???? Do you think am I stupid ???

Dear Sir, twinge tower blow up, Pentagon Blow up at USA but the biggest question is where is all the tapes of surrounding Pentagon because all around pentagon all the high buildings, petrol pumps have secrete high power camera to shoot every second and no one can enter within the limit of 1 km. of pentagon. Those Americans ask where all the tapes then American Government shut his/ her mouth by brutal threats by killing agents. It was a pre-planned game by FBI to raise their USA economy.

Sir, as soon as the Bomb Blast took place then your all officers are busy to implement the rejected master plan which rejected by hon’ble Patna High Court and two months before the Bomb Blast you work out how to implement the master plan. How your DM Bala murugan D over throw all the norms of Municipal acts and appointed IAS Trainee Mr. Rahul Kumar just before Bomb Blast ? What Mr. Rahul Kumar did at Bodhgaya was just to read the nerves of Bodhgaya people. Do your DM have authority under constitution to interfere in the Municipality area ? Show me the law from the constitution ? Show me the permission copy of the Ministry of Nagar Panchayat of Bihar ?

( H )   If your state intelligence was active then how many times they informed you regarding negligence of duty by the govt. security as well as private security of MahabodhiTemple ? When every week Mr. Srivastav IB SP of Magadh visited the MahabodhiTemple for different reason then did he ever took up the issue of security laps with the district authority ? If not why not ? Even myself talk to him few times about the security laps of Mahabodhi temple ? Please check the call details of 7250518260 to 9431429814 & 9204977246 in last 6 months and tell me what they talk about ? Tell me why even above 70 SMS to government officers like Home Secretary, DGP, DM, SSP, DIG and etc. did not listen to my plea about MahabodhiTemple corruption ? Tell me why even after 100’s of letters none of you take action against MahabodhiTemple corruption ? Tell me why in last 20 years you did not sent state auditor to check Mahabodhi Temple Accounts ? If any of you did your duty then this Bomb Blast could not take place as you are blaming Indian Muzahidden who did the blast. To hide your plan your police and so called security agency good for nothing harass the normal citizen when all the negligence done by the government agency !!! All the sensitive information lying with IAS, IPS not with the public or temple management but no agency blame the IAS OR IPS OR the Intelligence !!!! – Why ???

( I )   When 100’s of fake ID’s made from Bodhgaya by a particular district from Bodhgaya then where is your state Intelligence & the IB ? As you proved by your report to Governor of Bihar that no negligence of government machinery but only temple management committee. So tell me why 100’s of fake ID’s made from Bodhgaya and for what ? How many passport made out of it ? How many people went to Dubai through that passport ? How many people went to Pakistan ? How Bodhgaya became hub of secrete international dealing ? How the Chinese are so active at Bodhgaya ? How international antic dealers are active in Bodhgaya ? How Bodhgaya became sex hub ? Not only that long long back how LTTE Supremo Mr. Prabhakaran stay at Bodhgaya ? Therefore do you understand how much your government officers are active ?

( J )   By whose permission the public road your DM closed down by wall in the name of MahabodhiTemple security ? Did you give notice to public ? Did you acquire the public road land ? By whose permission all the shops are demolish ? The Lal Pathar area and the gola ghar area belongs to whom ? What purpose that land was taken in the past and from whom ? How that land converted into market complex ? How do you all forget the land acquire norms ? How Bodhgaya Temple Management Committee building sitting on others land ? How the Temple Reception Hall illegally built of SamadhiLand ? How the TempleManagement illegally capture Public Toilet into their compound ?  How your government sent notice to 52 shops when Hon’ble Patna High Court gave stay order ? Where is your agreement paper with the shops keeper ? Did all the shops keeper got shops ? How the DM can cancel the shops which was deliver by the lottery to owners from Govt. Bids ?  Therefore who is taking the law in hand you & your agency OR the poor citizen ? 300 families are now foodless so who will give them food now ? Why your secretary of tourism not answering under RTI ? Why your DM not replying under RTI ? Why your Home department not giving documents under RTI ? Why your Commissioner & DIG not replying under RTI and even your order they don’t listen ? Why your nodal officer did not answer under RTI ? Why Bodhgaya Thana don’t take action on F.I.R of mine ? How your SSP Mr. Ganesh kumar made fake case against me 119 / 2013 ?

Respected Chief Secretary Sir, in this way you people are pushing Indian Citizens to join Mao Vadi or any Terrorist Group to take revenge of your injustice. What a bad luck to Mother India that you are creating Mao Vadi & Terrorist by your injustice and you are moving around with best security guard to save your life and we the stupid public paying you salary !!!!!!  I am social worker & hard liner Monk. Out of my practical social studies in 30 years I am telling you that the Indian Bureaucrats are the real guilty persons for every problem of India.

Therefore respected sir, I have no choice except going to Hon’ble court regarding the issue if you again don’t answer my questions within 6 days. I am keeping a copy of this letter in the office of my lawyer at Supreme Court for future use.

 Thanking you

Arup Bramhachari ( Swami Ji )

Root Institute Road, Narsingh Than, Bodhgaya, Gaya, Bihar – 824231.

Cont. No. 7277128764

 

NOW READ THE 2ND LETTER  

 

from: Arup Bramhachari <arupteresa@gmail.com>

to: cmbihar-bih <cmbihar-bih@nic.in>, cs-bihar <cs-bihar@nic.in>

cc: secy-home-bih <secy-home-bih@nic.in>, secy-tourism-bih <secy-tourism-bih@nic.in>

bcc: Ravi Shankar Kumar <attorneyindia@gmail.com>, Rajiv Kumar <rajivkumar860@gmail.com>

date: Wed, Jul 31, 2013 at 1:13 PM

subject: SIR GIVE ME JUSTICE

mailed-by: gmail.com

To                                                                                Date : 31-07-2013

The Hon’ble Chief Minister of Bihar

1, Anna Marg, CM House, Patna, Bihar.

The Hon’ble Chief Secretary of Bihar

Old Secretariat, Patna, Bihar.

Respected Sir,

The Mahabodhi Temple Bomb Blast took place on 7th July. I have the following questions to your good office which is as follows :-

( A ) The Hon’ble Home Secretary of Bihar said in his report that the Mahabodhi Temple Management Committee did the negligence for which such Bomb blast took place then why the committee not dissolve by the Bihar Government ? When the sensitive intelligence reports always lying with the IAS, IPS and Intelligence Officers of Bihar then who are the officers found negligence of their duty regarding the Mahabodhi Temple Bomb blast ? The DM of Gaya is the Chairman of the TempleCommittee, Commissioner of Magadh is the Secretary of Advisory Committee, The DIG of Magadh is also the member of the Temple Advisory Committee. So, what kind of officers they are ? Why there is no action has been taken against them even after 23 days if the law is equal to every one ?  When Bhante Dinanath Ji told you about the mahabodhiTemple Corruption at reception hall at your last visit 2012 then why you did not take any action ? If you take action then such bomb blast could not take place.

( B ) If intelligence was active then why no action has been taken before to stop such Bomb blast ? If intelligence was active then how 100’s of fake ID’s made from Bodhgaya from a particular district of Bihar ? How many times 7250518260 called up to 9431429814 & 9204977246 in last 6 months ?

( C ) What is the reason that from 5 AM to 8 AM and 6 PM to 9 PM no Govt. Security present at entrance gate of HolyMahabodhiTemple ? If the Govt. security was doing their duty inside the MahabodhiTemple duly then how terrorist planted Bomb in the night OR in the morning ? How many times IB SP of Magadh Division Mr. Srivastav Ji took up the above issue with the district authority ? Did the state Intelligence ever informed you all that security laps is going at MahabodhiTemple ?

( D ) Muslim Terrorist always takes revenge in brutal way. When they were determining to give damage the Buddhist then how it is such that no solid damage took place in the MahabodhiTemple !!? If they can plant the Bomb then they can plant under the tree so that Holy Bodhi tree can blow up ? Do you think that the Indian Muzahiddin are foolish not to damage the MainTemple, Holy Bodhi Tree & Public when they plotted such mission to take revenge again Buddhist  ?  How government think that when terrorist can plan such a way then they will do mistake to wear Green Type mask at Bodhgaya to give signal that it is Muslim who did the blast ? At Bodhgaya no Buddhist uses Green Mask.

( E ) The Bihar State did not able to fulfil the norms of World Heritage guideline in last 7 years for which World Heritage Committee was very much annoyed with Bihar Administration and the proposed government master plan rejected by the hon’ble Patna High Court. After such incident generally all the IAS, IPS transfer to other place by the state government but it is not happened at Gaya when the home secretary admitted in his report to hon’ble Governor of Bihar that the Bodhgaya Temple Management did the negligence for which such incident took place. The DM of Gaya is Chairman of the TempleCommittee, Commissioner of Magadh is the Secretary of Advisory Committee of the Temple, DIG of Magadh is also the member of the Advisory Committee of the Temple. Not only that the Temple Management Committee did not dissolve by the State of Bihar !!! So is there not any hidden plan by the Government ?

( F ) The DM of Gaya over ruled all Municipal Laws and appointed Mr. Rahul Kumar as an executive officer at Bodhgaya. Why he was appointed as an executive officer  ? Which JDU group was behind it ? The fake case 119 / 2013 at Bodhgaya Police Station filed against me after Mr. Rahul Kumar came to Bodhgaya when the same complain ex- thana incharge Mr. Tiwari Ji throw it at dustbin ? The SP of gaya, DM of gaya and Mr. Rahul Kumar was behind this fake case, So what are the steps you will take against them ? Why now the government officers not replying under RTI about it ?

( G ) Please provide me the copy of the permission letter to demolish the shops at Mahabodhi Temple Complex Market area. When the area was not yours and the shops was illegally built up by the government then by which power you can demolish the shops ? Where do you give replacement shops to all ? Nearly 300 shops are displaced last week by bulldozer and the families are now suffering of earnings so how these people live their life ? Nearly 2 months before many activities was going on at Bodhgaya to implement the rejected Master Plan. Why your tourism dept. not giving answer under RTI ? Why your home dept. not giving documents under RTI ? Why your DM, Commissioner, DIG not giving answer under RTI ?

Sir, I am keeping one copy of this letter in the office of my Supreme Court lawyer for future use. I do hope that you will answer my following questions as early as possible.

Thanking you,

Arup Bramhachari ( Swami Ji )

Root Institute Road, Narsingh Than, Bodhgaya, Gaya, Bihar – 824231

Cont. No. 7277128764

 

NOW READ THE QUESTIONS UNDER RIGHT TO INFORMATION ACT

RTI QUESTIONS TO CHIEF MINISTER OF BIHAR, DATED : 03-08-2013

 

1.        At your last visit to Mahabodhi Temple in the year 2012 Temple resident Monk Bhante Dinanath convey you about the corruption & activities of the Temple Management at reception hall of the temple, So after knowing that what are the steps you have taken ? Is it not that if you take interest then such bomb blast could have been stop ?

2.        When Home Secretary of Bihar mentioned in his report to hon’ble governor that bomb blast happened due to the negligence of Mahabodhi Temple Management then why don’t you dissolved the committee ? Why don’t you take action against your DM of Gaya, Commissioner of Magadh & DIG of Magadh when they are members of different committee of MahabodhiTemple ? N.I.A team found the corruption file of the MahabodhiTemple so even after that why don’t you dissolved the committee ?

3.          When all the sensitive intelligence report always lying with the IAS, IPS and Intelligence Officers then who are the officers you found guilty for  negligence of work regarding the Mahabodhi Temple Bomb blast ? The DM of Gaya is the Chairman of the TempleCommittee, Commissioner of Magadh is the Secretary of Advisory Committee, The DIG of Magadh is also the member of the Temple Advisory Committee. So, why there is no action you have taken against the Govt. officers even after 23 days if the law is equal to every one ? Are you not saving the IAS, IPS from punishment ?

4.          If intelligence was active then why no action has been taken before to stop such Bomb blast ? If intelligence was active then how 100’s of fake ID’s made from Bodhgaya from a particular district of Bihar ? What is the reason that from 5 AM to 8 AM and 6 PM to 9 PM no Govt. Security present at entrance gate of HolyMahabodhiTemple ? If the Govt. security was doing their duty inside the MahabodhiTemple duly then how terrorist planted Bomb in the night OR in the morning ? Did your state Intelligence ever informed that security laps is going at Mahabodhi Temple and no night vision camera install inside temple ? Before Bomb blast 2 times DIG of Magadh did security meeting about MahabodhiTemple then why not such points out raised ? What kind of meeting it was ?

5.         When you came to know that the Muslim Terrorist group are active to take revenge against the Buddhist due to Burmese killing then did you suggest Mahabodhi Temple Management to stop night meditation which is dangerous for security reason ? What your officers were doing about it ? Muslim Terrorist always takes revenge in brutal manner and When they were determining to damage the Buddhist then how it is such that no solid damage took place in the MahabodhiTemple !!? Do you think that the Indian Muzahiddin are foolish not to damage the MainTemple, Holy Bodhi Tree & Public when they plotted such mission ? Do you think when they can plan such a way then they will do mistake to wear Green Type mask at Bodhgaya to show that Islamic Terrorist did it ?.  

6.        Why it is such that as soon as Bomb Blast took place at MahabodhiTemple your officers are busy to implement the rejected master plan ? Because the BiharState did not able to fulfil the norms of World Heritage guideline in last 7 years for which World Heritage Committee was very much annoyed and your proposed master plan rejected by the hon’ble Patna High Court. After such bomb blast generally all the IAS, IPS transfer to other place by the state government but it is not happened at Gaya when your home secretary admitted in his report to hon’ble Governor of Bihar that the Bodhgaya Temple Management did the negligence for which such incident took place. The DM of Gaya is Chairman of the TempleCommittee, Commissioner of Magadh is the Secretary of Advisory Committee of the Temple, DIG of Magadh is also the member of the Advisory Committee of the Temple. Not only that the Temple Management Committee did not dissolve by the State of Bihar  !!! So is there no any hidden plan by the Government to implement the master plan ? How your DM over throw all the laws of Municipal Act and appointed IAS Trainee Mr. Rahul Kumar just few days before Bomb Blast ? How without any permission letter from you your DM issued notice for demolition ( If you gave any permission of demolition then give me the copy of the letter )  ? The land not even in the name of State of Bihar.     

7.         When we the public are paying the salary to every officers then why every time our life security not safe ? How you can say by your deeds that no officer is guilty for negligence of work at MahabodhiTemple bomb blast ?              

 

RTI QUESTIONS TO HOME SECRETARY OF INDIA, DATED : 03-08-2013

1.         When did you sent 1st warning to State of Bihar about terrorist attack at Holy Mahabodhi Temple at Bodhgaya ? When did you sent the 2nd warning to State of Bihar about terrorist attack at HolyMahabodhiTemple at Bodhgaya ? Please provide me the copies of the warning letters.

 2.        The sensitive intelligence report always lying with the IAS, IPS and Intelligence Officers, So who are the officers you found did negligence of work regarding the Mahabodhi Temple Bomb blast ? Why there is no action you have taken against the Govt. officers even after 23 days ? Two times security meeting held at Mahabodhi Temple Management office library hall where the meeting presided by the DIG of Magadh Division then why not night vision camera install at Mahabodhi Temple before OR after ? What kind of officers do you think they are ? Why not even your central intelligence ( CBI, RAW )  point out at the time of checking the temple security before the PM’s & President of different countries visited Bodhgaya that there is no night vision camera install in the Temple ?  

3.         Did you check how many times 7250518260 called up to 9431429814 & 9204977246 in last 6 months ? What are the steps were taken by the 9431429814 with the district authority ? If they were taken steps then how the Bomb blast took place ? Why there is no action against 9431429814 ? Did you check his back ground of work ?

4.         What is the reason that from 5 AM to 8 AM and 6 PM to 9 PM no Govt. Security present at entrance gate of HolyMahabodhiTemple ? If the Govt. security was doing their duty inside the MahabodhiTemple duly then how terrorist planted Bomb in the night OR in the morning ? How many times IB SP of Magadh Division Mr. Srivastav Ji took up the above issue with the district authority ? Did your Intelligence ever informed that security laps is going at MahabodhiTemple ? 

5.          Did you check how 100’s of fake voter ID made from Bodhgaya by a particular district people ? What your state intelligence wing at Gaya was doing when such activity was going since years at Bodhgaya ?

6.         When you came to know that the Muslim Terrorist group are active to take revenge against the Buddhist due to Burmese killing then did you suggest Mahabodhi Temple Management to stop night meditation which is dangerous for security reason ? What your officers were doing about it ?

7.         Muslim Terrorist always takes revenge in brutal way. When they were determining to damage the Buddhist then how it is such that no solid   damage took place in the MahabodhiTemple !!? Do you think that the Indian Muzahiddin are foolish not to damage the MainTemple, Holy Bodhi Tree & Public when they plotted such mission ? Do you think when they can plan such a way then they will do mistake to wear Green Type mask at Bodhgaya ? In Bodhgaya no Buddhist wears such type mask and only Red, White, Black, Light Sky Colour and yellow used.

8.         Did you check that there is no state conspiracy behind it ? Because the BiharState did not able to fulfil the norms of World Heritage guideline in last 7 years for which World Heritage Committee was very much annoyed and the proposed master plan rejected by the hon’ble Patna High Court. After such incident generally all the IAS, IPS transfer to other place but it is not happened at Gaya when the hon’ble Home Secretary of Bihar admitted in his report to hon’ble Governor of Bihar that the Bodhgaya Temple Management did the negligence for which such incident took place. The DM of Gaya is Chairman of the TempleCommittee, Commissioner of Magadh is the Secretary of Advisory Committee of the Temple, DIG of Magadh is also the member of the Advisory Committee of the Temple. Not only that the Temple Management Committee did not dissolve by the State of Bihar  !!!???

9.         Did you check all the Hotels Bills of the MahabodhiTemple which submitted by the members of the Temple Management Committee ? Who are the people met with them at Hotel and what is their back ground ? Did NIA submitted the corruption report of the MahabodhiTemple ? Did they gave you all the files of MahabodhiTemple ?

10.       Every one knows that the Temple opens at 5 AM then what the Srilankan and Thai devotee was doing near the Temple at around 3:30-4 AM ( as per your statement ) ? The entire monastery guided the devotee when they are here at Bodhgaya. Are they mad devotees ?

 

 

 

WHY BUDDHIST LEADERS ARE HIDING ???

25 May
COPY THE PHOTO, READ IT AND SHARE IT, STAND FOR LORD BUDDHA

COPY THE PHOTO, READ IT AND SHARE IT, STAND FOR LORD BUDDHA

OPEN LETTER TO BUDDHIST WORLD TO CREATE AWARENESS

Dear Brothers and Sisters,

Namo Buddha, I have no intension to harm anyone in any ways & means by this letter but some questions has risen into my mind since 2007 which I am trying to find out an answer. Those organizations think that it is a positive letter then please forward to every devotee to create awareness.

Here at below I am presenting some facts which you all must think from heart.

1. Every year minimum 20,000 Buddhist stays at Bodhgaya at the time of yearly Pujas from November to February. Among of them few thousands are from western world. Every year these westerners are carried out social project work of different masters in Bodhgaya and collected millions of dollars. These masters are also carried out different meditation courses too. My question is what happened from March to October with the social projects & meditation courses at Bodhgaya which they always starts from November to February ? Can anyone present infront of me 1-5 persons who attained all these meditation courses and who effected by one question which is hunting him/her every moment ( The question may be anything ) ? If not then what kind of meditation it is ?

2. If lord Buddha is your Father then what is your duty towards HIM ? If someone disrespect to your own father then will you be keep quite ? If someone abuse your daughter / wife then will you be keep quite ? If both the time not then why after watching huge corruption at Mahabodhi Temple of Bodhgaya and after Bodhi Tree cut off the 350 Millions Buddhist of the world were quite ? From where western devotees get energy for demonstrating protest rally at their respected country regarding Tibetan issue and even in Facebook, Twitter and web pages ? From where people of Nagpur get energy to demonstrate protest rally if someone disrespected Baba Shahab Ambedkar ? Why these western devotees give excuse of Indian Politics to address the Mahabodhi temple issue ? Why they are always talking about visa cancellation by the government of India ? Do they all think that if they visit Bodhgaya then they will meet with Lord Buddha ? Many westerns supported Medha Patekar agitation against Narmada Dam project at Gujarat so do the western supporters loose the Indian Visa ?

3. At 2006 in the month of July the Holy Bodhi Tree cut off issue flash in the media and 22 July, 2006 Principal Home Secretary of Bihar Afzal Amanullah accompanied with expert A. K. Singh from Patna Krisi Viswavidhalay to collect samples from Holy Bodhi Tree cut off portion for Lab Test. So where is that 1st test report ? Why Buddhist Organizations and individual Buddhist from India and abroad are sitting quite and not even asking Bihar government about the 1st Scientist Report to know the truth ? What is the standard of Love of Buddhist organizations for Buddha ? How they are claiming that they are lover of Buddha when no one stand for Lord Buddha and no one is taking interest to know what was happened with 2006 scientist report ? Why 100 Buddhist Temple of Bodhgaya always hide from my questions if they are honest ? When Mr. Kiran Lama the Secretary of International Buddhist Council will have time from his herbal body massage to think about burning issues of Bodhgaya Temple ?

4. At 2007 Arup Bramhachari filed case no. 850 / 2007 at CJM Court with evidence and Forest Research Institute, Dheradun proved by their report dated 28th June 2007 that Bodhi Tree in real manner was cut off at 2006. So who proved it a Hindu or a Buddhist ? Who is great a Hindu or Buddhist ? Why 350 millions Buddhist of the world were sleeping after knowing that the culprits chop the branches of the holy tree ? The sad fact is Sri Lankan President told lie along with India PM to the world. If someone rape your daughter then will you be keep quite in the same way as you are now ? Are you the Buddhist not double standard ? So in which manner you are Buddhist when you could not stand for your own Father Lord Buddha ?

5. How the leaders of Nagpur & Other parts of India have brain to stand to free “ Mahabodhi Temple ” from Hindus ? Why the Buddhist leaders from all over the world are quite when Ancient Spire ( canopy ) of Mahabodhi Temple changed by the Light of BuddhaDhamma Foundation International ( Dixey Family ) in the year 2010 ? Again at November 2013 the Ashoka Time Spire completely changed by the Royal Thai Family & Thai devotees ? So what kind of Buddhist you are ? And for your silence again Arup Bramhachari stood for Lord Budhha !!! Is it not the Hindus who stand for Lord Buddha and proved every issues ? The Bodhgaya Buddhist and Nagpur Buddhist will never talk about it because the Thai’s are pouring money like water to these poor Buddhist Organizations. So why it must be given to the hand of those who cannot stand to protect his own father’s property ?

6. Bhante Anand, Bhante Pragnasheel & Bhante Suresh Sasai lead the Mahabodhi Temple Free Movement in India and this group ruled 6 years the Mahabodhi Temple Management. So what they did for the Buddhist and for poor Buddhist of India ? Where is the 80 Lakhs rupees which Japanese devotees gave to Bhante Pragnasheel to build a hospital at Bodhgaya ( Bimal Sara Bhante brought this group ) ? How much real money collected at Kalchakra Puja when Bhnate Pragnasheel was secretary of Temple Management when more than 5 lakhs people were there ? Why not Bhante Suresh Sasai Ji file the case at Supreme Court to abolish 1949 act when his men Bhante Pragnasheel was secretary ? Why Bhante Suresh Sasai Ji and his party did not file corruption case in the court when they knows all ? Why the Buddhist Members did not give resign from the committee if Hindu Secretary is cheating ? Now N. Dorje is a Buddhist and Secretary. The Mahabodhi Temple Management Committee cross all limits of corruption so what the Buddhist world is doing ? ( look at audit report copy from http://www.swamiji1.wordpress.com ). How many protest rally organized by the Nagpur Buddhist brothers and sisters against the Mahabodhi Temple corruption ? How many letters Buddhist organizations all over the world wrote to Mahabodhi Temple Management regarding the corruption? If Bhante Anand have any evidence about anything then why he did not go to court ? Why the Buddhist brothers & sisters don’t give one rupee as a donation to fight the court cases ?

7. 6 million rupees Goal Ghar Market Complex ( Presently demolished by the government after the Mahabodhi temple bomb blast ) toilet corruption did by the Temple Committee Member Arbind Singh, Top Spire of Mahabodhi Temple changed by Light of Buddhadhamma Foundation International and Thai’s, Holy Bodhi Tree is sick and Forest Research Institute of Dehradun just saving the temple management by telling lies, 1.4 million rupees melted in the donation box by water licking, Huge foreign money not cashing since long time, 6-8 million rupees spent for members entertainment, 2.3 million rupees well equipped ambulance standing in the office are without using it for public and the originality of the temple had gone in the name of beautification. When 100 Buddhist Temple is there then why still all these temples never opened their door for poor Indian Buddhist at the Time of Buddhos Purnima so that Mothers and Sister do not force to do their morning activity in the open air and sleep whole day and night in the open air ? When all these Foreign Temples will stop telling “ Indians are not allowed ” ( residential area but no matter to enjoy the local poor girls !!! ) ? So tell me how you are calling yourself Buddhist when you can’t stand for your father even after above incident ?

This is my again humble plea to all that I have no intension to hurt anyone. I am just asking questions to you all and to think in deep manner to find out the answer and If I am wrong any where then please correct me.

Thanking you all, Namo Buddha

Arup Bramhachari ( Swami Ji )
Root Institute Road, Bodhgaya, Gaya, Bihar – 824231
Contact No. 91- 8083339782
E-Mail – arupteresa@gmail.com, Web Page – http://www.swamiji1.wordpress.com
Facebook – Arup Bramhachari

THE MAIN CULPRITS OF MAHABODHI TEMPLE

2 Apr

From ages, every where there are some culprits those who are by brain game make fools to others ( so called human ) and the veil infront of every eyes is so worse that none can catch the game of the well dressed ( so called human ). Our Bodhgaya is the best example for it. It is not only Bodhgaya but go to any holy place in the world all are same like Bodhgaya. It is not a matter of Hindu or Buddhist or Christens or Muslim but all are same cheater who is cheating the almighty.

Now look at the Photos at below those who are cheating Lord Buddha.

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The above photo is Mrs. Bandana Priyashi who was the Ex- District Magistrate of Gaya district. As per 1949 act of the Bodhgaya Temple Management, the district magistrate of Gaya will be the Chairman of the Bodhgaya Temple Management Committee. This Mrs. Bandana Priyashi was a characterless lady. I have no interest what so ever what she was doing with IPS Vinay Kumar at private which is a extra material relation but It is a shame for the country like India that public pay’s salary to such characterless bureaucrat. Our culture is different then west.

As per law of Bodhgaya Temple Management if any bill is more than rupees 1000 ( 20 dollars ) then the Chairman ( DM of Gaya ) has to sign the bill for payment. So read the article “ Lord’s money washed away in Bodhgaya ” and asked yourself that what kind of bureaucrat she was when all the payment were sign by her ? She sign all the bills of Royal Residency but not all the bills of Sujata Hotel !!! Complains after complain with evidence but all goes into vain !!! 6 Millions rupees toilet corruption and after seeing all evidence she was deaf and blind. Top Spire of Mahabodhi Temple changed by the Light of Buddha Dhamma Foundation International, USA and even after evidence again she was deaf and blind !  This is called Indian bureaucrat !!!

Can you imagine this shameless bureaucrat used the best car of temple for govt. work and all the maintenance cost paid by the temple fund but not even once in a week she was able to cross 15 kms. to visit mahabodhi temple !!! The temple management paid huge money for her birthday party at Royal Residency Hotel, Bodhgaya. The Buddhists of Bodhgaya are faggots ( Hijra ) that is why these corrupt members can do what ever they like. These faggot IAS of India can’t do the same with Muslim. The 2nd photo at below is her photo which is a media report printed in Pravat Khabar ( Patna Edition ) when Bandana Priyashi received  firing from Hon’ble Patna High Court for her behaviour in the court and with the public. She apologised for her act in the court and to complainer.

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The above photo is Mr. Nandu Dorje. He is a retired IAS from the state of Sikkim. Every one knows that he is an honest man. These are my questions about his honesty ( A ) Who sign all the bills of MahabodhiTemple – Secretary and Chairman of Mahabodhi Temple or public ( Read “ Lord’s money washed away in Bodhgaya ” )? ( B ) Every one is using the temple car for any reason and when Bhante Satyanand asked questions about it under Right of Information Acts then why Mr. Dorje hanged him till today about the issue ? ( C ) 60 lakhs ( 6 Millions ) rupees toilet corruption done by the member Mr. Arbind Singh and DCA of Hariyana. And the donor infront of him & media the covey their un-satisfaction about the standard or work then why ex-district magistrate Bandana Priyashi & Secretary Nandu Dorje were silent ? Why under Right of Information Acts Mr. Dorje is hiding till today about the same issue with me ? ( D ) When ex-district magistrate Sanjoy Singh gave conditions infront of donors that Archaeological Survey of India must carry out all the works of Mahabodhi Temple then how Mr. Dorje allowed same donors at 2010-11 to bring their own craftsman ? Look at the sub standard work of spire of Mahabodhi Temple ? Where are all the leaves of spire which carried out by Light of Buddha Dhamman Foundation, USA ? ( E ) Why Mr. Dorje is hiding the truth about Holy Bodhi Tree from all ( Read Holy Bodhi Tree article ) ?

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The above photo is Arbind Singh is a member of bodhgaya temple management committee from Janata Dal United Party. He was able to manage PHD degree from MagadhUniversity when lalu Prasad Yadav was CM of Bihar. If you ask him what is the full form of PHD then his fore fathers can’t explain it. He is one of the corrupt politicians who have no base in his community. His father was mafia & killed by the family whom his father killed at mid night. He took 1 lakhs rupees from a DSP to manage the killing of police custody death of dalit ( an untouchable community ) member. And most horrible story is he gave few thousand rupees to this dalit ( an untouchable community ) family and rest he takes in his pocket. He is showing the foreign monks that he is a big short of Bihar and takes under table payment for different work. The intelligence of different wings reported about his activity but even after knowing his acts Mr. Nitish Kumar the CM of Bihar is over looking all. What ever corruption is happening in the MahabodhiTemple this Arbind Singh is behind it.

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The above photo is Bhola Mishra is a member of bodhgaya temple management committee from Bharatia Janata Party. He also has PHD degree from MagadhUniversity when lalu Prasad Yadav was CM of Bihar. If you ask him about his subject of PHD then all his teeth fall down from his face. He is getting commission from different ways from contractors. He is one of the parts of MahabodhiTemple corruption. His name is also in the report of intelligence.

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The above photo is Wangmo Dixey is the head of Indian part of Light of Buddha Dhamma Foundation, USA. She is the daughter of great master Tarthan Tulku. Wangmo is one of the instruments of killing Holy Bodhi Tree at Bodhgaya Mahabodhi Temple. If you see their Puja Organising drama at 2009 then for sure you may slap on her right face. They changed the out look of the spire of Mahabodhi Temple by money power ( Read the article Big Vikhari Vs Small Vikhari from this web page ) and you will know their activities at Bodhgaya. When I challenged this organization ( to her husband Dr. Richard Dixey ) then all are hiding under the table and till today they don’t reply to my mails & SMS.

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The above photo is Khun Ratna Maleenont is a big donor from Thailand. She is cheated 3 times by the Temple Management Committee but never changed her way. If you mail general suthum  “suthum_ln” suthum_ln@hotmail.com OR confidencetravel@gmail.com then don’t expect any reply. They are same like Light of Buddha Dhamma Foundation. Money is every thing for them. They have big business in Bodhgaya.

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The above photo is Dr. Harsh from Forest Research Institute of Dehradun. They are taking care of Holy Bodhi Tree from 2007 and each visit cost 3.2 hundreds thousand rupees in every 3 months to Mahabodhi Temple Management Committee. Now the bills of forest research institute paid by Mrs. Khun Ratna Maleenont from Thailand. These scientists don’t reply to my questions under right of information acts and if you ask how to stop the soil compaction in the two open area at west side of the mahabodhi temple then the pant of this scientist would be wet like temple management committee ( Read the article Catching the thief by R.T.I )

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The above photo is Bhante Suresh Sasai is one of the members of temple management committee. He was the master mind to free the mahabodhi temple management from present formation. But people don’t know why he came to India from Japan and took Indian citizenship ? He is member of the committee but never talk about the corruption of mahabodhi temple management. He did not present in the temple management committee meetings and not only that never resign from the committee. But now he filed a case at Supreme Court to abolish the 1949 act. His team ruled mahabodhi temple management for 6 years but did nothing about Buddhist and even that time he did not filed the same case. His team members Bhante Pragnadeep spoil the image of monkshood by abusing the Biharies and Hindus. They looted the temple fund which Bhante Suresh Sasai knows but did nothing about it. He is nothing but an opportunist monk from Nagpur, India. The day I am face to face with him at nagpur then I will open his face and for that reason I kept all evidence with me. I asked his people to organized face to face talk at Nagpur, India but none his team members reply to me till today. Bodhi Tree was cut off in the year 2006 but cut off was proved in the year 2007 by Forest Research Indtitute scientist but till today no buddhist or organization asked Bihar govt. where is the cut off portion of holy bodhi tree !!! This is the standard of the buddhist !!!

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The above photo is a protest rally of The International Buddhist Council of Bodhgaya and is not a registered organization. In this organization there are many groups. One group is lead by abbot of Burmese Vihar, One group is lead by abbot of Tibet temple, One group is lead by Mahabodhi Society of India and One group is lead by Bhante Pragadeep, Bhante Anand & Bhante Priyapal. This organization is full of faggots ( sorry to used such word but perfect word to address them ). When bodhi tree was cut off then this organization was quite and single headedly I proved bodhi tree was cut off. Please imagine Buddhist don’t stand for their own lord Buddha and then they are calling themselves as a Buddhist !!! So much corruption is taking place in the mahabodhi temple but no protest from Buddhist Council !!! They have guts for rally against Bihar Government when govt. of Bihar increased tariff of electricity !!! The Indian Buddhist mother & sister sleep at open air at the time of Buddho Jaytee at Bodhgaya  but 100 Buddhist Temple of Bodhgaya did not open their temple to stay at night for these poor mothers & sisters !!! These Buddhist are from Nagpur and poor with black skin. Please go to Thailand with an Indian and then see how they behave ( They call us Chi – Chi means bastard ). These Buddhist Temples took room rent Rupees 350 – 3000 per night and then in the bill they said donation !!! Even they were ready to sponsor money to kill me because I always open their face in the outer world but when I gave them back in my way then all are now step back. This organization never asked the Bihar govt. where is the cut off portion of Holy Bodhi tree. They are calling themselves Buddhist !!! Around 350 million Buddhist, 18 Buddhist nations but no one stand for Lord Buddha !!!

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The above photo is The original photo from Archaeological Survey of India and see how it was in real formation. When A.S.I were repairing Spire in the past at that time why they did not add all the leaves in it. If it was mentioned in the text then why ASI did not add the leaves in the Spire ? The Light of Buddha Dhamma Foundation came up with Burmese text and temple management committee gave permission !!! Asoka was not a Burmese and the temple not built by the Burmese ? Why not any text found by the ASI from Indian text ?

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The above photo is after added the leaves in the Spire by the Light of Buddha Dhamma Foundation International, USA at MahabodhiTemple in the 2010.  

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The above photo is Present condition of the spire and where are all the leaves in the spire at 2013 ? Who will take responsibility for the present situation ? What kind of standard work it is that within 2 years the leaves are vanished from the spire !!!

 

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Inside condition of the MahabodhiTemple before added new wood work. Photo no. 14 is after the wood work. The question is where is originality of the ancient temple ? By whose permission this new things added ( read from the 1949 act laws no 10, 11, 12 ) !!! Do they take permission from State Government ? Under RTI questions the temple management is hiding !!!

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The above photo is Within 6 months after construction the safety tank of the 60 lakhs rupees toilet at goal ghar market area collapse. See not even they did inside plaster of a tank and not even the tank is 5 feet’s deep !!! 60 lakhs rupees washed away but general Sutham is not ready to made written complain about this cheating. When a general of a army is not brave so how normal people can be brave ?

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This is the photo of Holy Bodhi Tree before cutting. Look how big it was ( red circle ). The TempleManagement and the Bihar Govt. tells lies and lies to every one about the cutting of Holy Tree. After 2007 when Forest Research Institute establishes my claims then Bihar Govt. took U-turn and Nitish Kumar asked the world from bodhgaya not to cut off again. If they are honest then why they are not transferring the case into 1st track court ? What is the intelligence report in the year 2006 ? Why my appeal not listening to transfer the case 850 / 2007 to 1st track court so that the world could see the jail of culprits ? When at 2006 1st time Bodhi Tree cut off news media broadcasted at that time two botany scientist from Rajendra Krishi Viswavidyalay came to Bodhgaya to collect samples from the Holy Tree for test so where is that report ? Last 7 years I am asking about the report under Right of information act but the home ministry of Bihar is hiding till today !!! This is called Indian honesty !!! Haaa ..

 

 

WHAT AN INDIAN CULTURE !!!

23 Mar

WARNING !!! IF YOU CAN’T ACCEPT  THE HARD TRUTH OF LIFE THEN DON’T READ THIS ARTICLE

Our Indian culture is 12,000 years old ( calculation of years taken from Monu Youg Sastra ) and we taught the world about math, science, space, medicine, war techniques so on. The present India spoke 455 languages, have 177 universities, around 450,000 engineers, around 467.13 lacks professional doctors, nearly 1.2 hundred thousand scientist produce every year, 5000 newspaper published, more than 500 movies in 21 languages produce by the Indians, more than 5 hundreds thousand monks and 1 hundred thousand villages where 1.21 billion people lived with huge market for trading.

But the question is what is the standard of our society ? This great nation at present full of FAGGOTS ( Hijra ). Don’t surprise because I am giving my full logic regarding it at below. The Bureaucrats of India systematically transformed the society as a boneless creature so that these “ Kala Angraz” ( Black Indian Englishman = Bureaucrat ) can ruled over the society. In the constitution of India it is said “ No elected member can interfere in the day to day work of the Govt. and if any one does then he/ she must be booked under Indian penal code ”. Did you ever heard that in 65 years of independence OR after 1952 any bureaucrat arrested any politician for interfering in the govt. work !!!??? Today our society is full of faggots because of these “ Kala Angraz ” ( Black Indian Englishman = Bureaucrats ).

WHO ARE THE MAIN CULPRITS ???

1.         MONK’S – The monk’s are known as “ Living God on Earth ” they are the representative of LORD. People respect them blindly out of holy words. It is a criminal breach of TRUST  by the monks towards civilization. Today the Monkshood is the best profession. The monks have knowledge or not, that does not a matter but a President of a nation has to bow infront of a Monk out of cultural tradition.  

The duty of a Monk is 1st meditation and after that he / she must serve the society to wipe out his / her EGO. We have one hundred thousand villages and 5 hundred thousands Monks in India. Therefore 5 Monks is per one village if you divide. The question is can you see 1 monk in every village of India ??? So what the hell these monks are doing ??? What the hell the masters are doing ??? What the hell society is doing ???

A Monk can’t claim that this land is mine or that thing is mine, they have to stay away from all types of worldly things. But look at the Indian religious channel “ Astha ” to know our India religious masters. Does any one of them follows what is said in monkshood ??? Today’s Monk can’t live without A/C, they can’t move without A/C car. They needs bodyguard to protect themselves from enemy. So how they preach the devotees about trust on LORD !!! After watching all these fake-hood the stupid educated people of India are running behind to these so called masters !!! Please go to any lower court of India and then see how many cases filed by these type of monks for ownership of property. Look at Dalai Lama Ji who is a Monk and claiming land for Tibet !!! He can fight for freedom for Tibet as a civilian but not as a Monk. He is a covenant breaker on the basis of monkshood but the world runs behind him !!!  Therefore who is stupid – The society or the monks ???

Monks and others wrote many stupid books for which people have wrong concept about Monkshood that is monk means quite, sober, soft spoken so on, then my question is what will happen to grate master Durbasa Muni because he was very cruel as people of India thinks ? Viswamitra Muni fall in love with a women even after prophet hood ? Muni Paraysu Ram behead 1000 kings to establish justice in the society ? Lord Ram killed 1 million people, lord Krishna was responsible for millions of killing and Persian prophet the Bab took sword to chop the enemies ? So where is soberness, quite … all the adjectives which used in the books ? The above mentioned name were not prophet ? Stupid writers gave  useless explanation and stupid people are following the same !!!   

A monk  must be soft or hard as per demand of the time and they took arms when needed to bring justice in the society.     

2.         JUSTICE – The 2nd lord of the society is Justice of the court. Once Chief Justice of India accepted that 3 % Judges of India is corrupt.  Please go to any lower court of India and see how much corruption is in the court. I have cases at Gaya Lower court and one case no. is 850/2007.  I saw corruption in the court of Gaya, Bihar, India. Even after writing letters about it to the chief justice office nothing happened till now. These justice always save the IAS, IPS, Politicians until some issue is adverse in the society. No lower court of India pass an order for FIR easily against any IAS, IPS when day and night these IAS & IPS’s are raping the fundamental rights of the people of India. Both ( Judicial & Bureaucrats ) don’t touch each other because they knows each other who is corrupt how much. 30 million cases are pending in India courts. They took money for giving bail to culprits, giving favourable judgement to Businessman, IAS, IPS, Politicians, Mafia’s. A lord  ( judges ) forgot his lordship. Our 95 % judges of India are corrupt. In our country we have 3 types of main intelligence wings ( 1 ) State Intelligence ( 2 ) Intelligence Bureau ( controlled by central govt.) ( 3 ) Central Bureau of Investigation. And if these 3 wings published their reports then the IAS, IPS, Politicians and Judges of India will go behind the bar. But these people are the modern king of India and the public is the slave of these people. As per Official Secrets Act, 1923 Sub-section (1) a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. If you ask the intelligence about any report then these 3 wings will never give you one single piece of paper from their report and no govt. is going to take action. If you talk about court and judges of India then the so called honest simple way sent you jail. What a joke for India !!!

For example – A justice walks on the grass or pee on it like every civilian. Is it not a living organism ? Every living organism has soul and feelings. Do these judges ever say sorry to grasses ? These judges talks about morals, ethics and values then is it not that a convict is giving justice to another convict !!! ???

Another example – Lord Krishna had 3 wives and reviled Holy GITA. Now the question is do our society agree to have 3 wives ? If  lord Krishna can have 3 wives  and still he is lord then why the society punish a man or a women if they have any extra material relationship !!??? If you are a Hindu then you have to take an oath by putting your hand on GITA which was reviled by lord Krishna who had 3 wives. A justice knows that lord Krishna had 3 wives then how he / she is giving justice regarding extra material relationship of a man or women !!! Where people are following the lords act ? Why we have to follow such lord who had 3 wives and take an oath to speak the truth in the court  by putting our hands on GITA ? This is our culture !!!  

Another example – At the time of “ Puja ” we the Hindus establish life on statue’s of God by “ Mantra ” and after certain dates we throw the statue of God in the water ( Pond or River or Sea ). The question is what is the “ Mantar ” of taking life ? Until or unless we take the life from statue of God the life is there. So when we are throwing the statue of God in the water ( Pond or river or sea ) at that time the life is still there. Therefore are we not a murderer ? A Judge is also murderer because he / she also did the same as normal citizens are doing. Then how a murderer give judgement to a convict ? Please asked all the Hindus “ What is the mantra of taking life ” and then so called master / priest of Hindus which you could see  from  Tv., Magazine, News paper or Public gathering would run away from the place. This is our culture !!!        

3.         BUREAUCRATS – IAS, IPS, IFS and IRS are the supreme quality India’s as most stupid Indians thinks. The backbone of modern Indian system is our administrative system. They are keeping the real power of India as per constitution of India. To create an IAS or an IPS, our society paid minimum 5 millions to 1 crore rupees ( 10 million = I Crore, 1 million = 10 hundred thousand ) to Lal Bahadur Sastri Academy for an IAS and Indian Police Academy for an IPS. You can say a District Magistrate ( An IAS ) is the king of a district under the constitution of India. Among of these bureaucrats 95 % of them have highly questionable morality, ethics and values and 95 % of them ( IAS, IPS ) only looks for money & how to be a home secretary or foreign secretary or chief secretary or chief commissioner police. And for it they take the path of favoritism to win the heart of Ministers / Politicians / political parties. In any society the citizens have no time to look on the day today works of the government and that is why through election people sent representatives in the assembly to make laws. These law makers made system by the suggestions of public and under that system these bureaucrats are chosen by national examinations in any part of the world. But at the end the bureaucrats proved by their acts that they are the traitor of a society. They are servant of the people but by their acts they proved that they are the “ BOSS ” of the people. To protect themselves they ( IAS , IPS ) carried the best arms man as a body guard ( body guard means dogs ) and by the power of these arms man ( dogs ) they showed their power on simple civilians. They can’t come 1 vs 1 fight to show their bravery with public because these coward bureaucrats are the biggest faggot ( Hijra ) of any society. They ruined every part of India and they always move with the dogs ( dogs means here the body guards ) so that citizens can’t kick on their ass. If they are honest then why they need body guards ? Those 5 % from them are dry honest they never sit at right department by the ruling party of the state / country in India from where they can develop our nation more better way. These 95 % corrupt IAS & IPS ( Black Indian Englishman = Bureaucrat ) are ruined every part of our great nation India.

4.         MEDIA – Media is called the mirror of the society. In every revolution they played the vital roll for successes. This industry is getting govt ad’s nearly 400 Crores rupees ( 10 millions = 1 Crore. ) from any big state like Bihar. Is there any one who don’t want money ? And these media house is running by the business houses to protect their evil interest and controlling over the political parties but not as a mirror of the society. These business houses owners are the faggots ( Hijra ) of India who is playing big game in any part of the world. Morality, Ethics and Values are just a bookish word for them.

Look at the ad’s which they print in the magazine, news paper & television. If they want to show boobs, ass of a lady then show it full, why they only show 1/3rd  of it  and what they want to mean by it ? They are basically faggot ( Hijra ) that is why they don’t have guts to show full nude body in their ad’s which is printed / telecast for public. These ad’s don’t watch by their children’s at home of the CEO of any company ? What for they are printing such photos ? What their parents and schools taught them ???  These actors & actress are coping the western world by dress, car, house, parties and awards ceremonies but not coping  the western morality, ethics and professionalism. These actors and the business houses are the main culprits to ruin the social fabric of India. Until or unless large hue & cry started in the society regarding ad’s  no administrator or justice is taking step out of his / her morality against the media, actor & business houses when it is clearly said in the constitution what is called obsession.

To protect their business interest these media faggots always hide truths from the people. They got subsidy from the govt. for printing newspaper and this subsidy is paid by the public tax. They have time & place to print the birthday party of some so called stupid VIP’s or some half nude pictures in the news paper / magazine but have no place for a poor street guy story for help from the society. They are the bloody criminals on earth. 

5.         PARENT’S –  Male or Female who ever they are they come from a family. All the Bureaucrats, Politicians, Police, Actors and Media persons etc have father & mother. What these parents do when their children’s were kid and what they do when their children’s are sitting on a high position in the society ? These parents forgot their responsibility as soon as their children’s grow up ? They know how their children’s are earning money and they know what is happening in the house. These parents / family members intentionally forgot their duty towards nation & society because it is their child who is doing corruption in the country; it is their child’s who spreading nudism in the society is. Human have excuse after excuse in their habit. The citizens always said “ What we can do we are poor and they are powerful “ so on. My simple question is from where these people have brain how to ditch brother / sister / uncle to get the highest share from family property ? From where they have power to go to court if the share is little less ? From where they have brain how not to give payment to the bank or not to give tax ? From where they have brain how to take bribes ( Indian citizen gives bribes around 7000 Crores rupees to officers to get their things down ) ? From where they have brain to listen his wife and kick out old parents from home ? Only excuse is human habit.

There is a famous word “ Politicians are son of a bastard ” and they are all coming from our families. The police with guns go with ten people  to catch one culprit and then they got bravery award from the dept. when the fight was not based 1 vs 1 OR 10 vs 10 OR 100 vs 100 !!!  How they are brave ? The Army man took an oath to protect the nation from enemy but when his/her own general takes bribes then the army man forgot to shoot down the nation’s enemy who is his/her corrupt general !!! We called them brave soldiers those who forgot to protect the nation at the right time !!! 30,000 Crores rupees goes as a bribes to many different pockets from Indian arms account !!! Who’s money it is ???  The manpower and the gun power is the real brave who creates fear inside the culprit and then only police / army can catch the culprit. Lord Ram killed King Bali in the Ramayana from back and we called him “ Purusatyam Ram ” ( It means the pride of  manhood / bravery ). Actually all are faggots ( Hijra ) in the society that is why our society is such rotten.

The politicians, bureaucrats, police / army and gangsters knows that they have gun power which is carrying a dog and this gun power creates fear inside of a normal citizen of Indians and that is why these 4 types of people thinks that they are powerful. If the citizens have same gun power then these 4 categories ( politicians, bureaucrats, police / army and gangsters ) will start peeing on the spot. From the citizen’s side i would like to stand against these 4 categories to make them understand what is called citizen and what is self power and who is the boss. These 4 categories ( politicians, bureaucrats, police / army and gangsters ) are the main faggots ( Hijras ) of the nation in any country.